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Collection Law Firms

Debt collection law firms, also known as creditor’s rights law firms, focus on the collection of debt through the court system. While traditional collection agencies are not authorized to file lawsuits against debtors, collection attorneys specialize in taking debt cases to court to try to obtain court-ordered judgments against debtors.

In addition to teams of legal professionals, many collection law firms have extensive collection operations that conduct more traditional debt recovery activity.

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The “Least Sophisticated Debtor” Is Getting More Sophisticated, And Has An Improved Memory Too

When collectors get sued in an FDCPA action, they face a steep uphill battle. Courts apply the very pro-consumer “least sophisticated debtor” standard when evaluating a collector’s communications, and most violations of the Act are “strict liability.” However, courts have gradually been demanding more and have rejected suits based on hyper-technicalities.

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CFPB Issues Supervisory Highlights Report, Includes Warnings for Creditors, Debt Buyers, Collection Agencies, and Law Firms

The Consumer Financial Protection Bureau (CFPB) is highlighting recent enforcement activity with the release of its latest Supervisory Highlights report. This report focuses on activities during the first quarter of 2016, showcasing supervisory actions that the Bureau says resulted in the remediation of approximately $30 million to more than 250,000 consumers. You can read the […]

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FDCPA Case Law Review for May 2016

insideARM maintains a free FDCPA resources page to provide the ARM community a destination for timely and topical information on the Fair Debt Collection Practices Act (“FDCPA”). This page is generously supported by TransUnion. See the page here or find it in our main navigation bar from any page on insideARM.  The cornerstone of the page is […]

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Ohio Law Firm Receives HUBZone Certification

COLUMBUS, Ohio – The Law Offices of Robert A. Schuerger Co., LPA (Schuerger Law), based in Columbus, OH, today announced it has received Historically Underutilized Business Zone (HUBZone) certification through the U.S. Small Business Administration (SBA). Schuerger Law provides comprehensive debt collection services to the higher education, government, healthcare and commercial industries. The HUBZone program helps small […]

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Appeals Court Affirms that FDCPA Does Not Require Debt Collector Intent to Proceed to Trial When Filing Lawsuit

Yesterday the Seventh Circuit Court of Appeals rendered its opinion in Paula St. John, Yvonne Owusumensah, et al., & Bryan Sirota v. CACH, LLC, Cavalry Portfolio Services, LLC; & Unifund CCR Partners, Inc. At issue was whether 15 U.S.C. sec. 1692 e(5) dictates that a debt collector must intend to proceed to trial when it files a lawsuit to collect a debt. The Court agreed with Appellees that e(5) contains no such requirement.

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Consent Order Compliance: Navigating The CFPB’s Unofficial “Rules” Governing Debt Collection

The CFPB has entered into consent orders with major creditors, debt buyers, and law firms during the past year relating to key areas of their collection practices.  The consent orders impose significant new requirements relating to data integrity, dispute handling, debt substantiation, debt sales, affidavit practices, and litigation practices.  The orders are not formal “rules” […]

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In Sheriff et al. v. Gillie et al. Supreme Court Provides Insight as to Intent and Purpose of the FDCPA

In a unanimous decision issued today, the United States Supreme Court held that private attorneys hired by the Ohio Attorney General to collect debts owed to state agencies were “state officers” otherwise exempt from portions of the FDCPA, and that even if the private attorney didn’t have “state officer” status, using Ohio AG letterhead did not violate the FDCPA.