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Debt Collection

Debt collection refers to the work done to recover balances from credit accounts that are past due. Most commonly, debt collection specifically references third party debt collectors whose clients include banks, credit card issuers and other credit grantors, debt buyers, governments, and any organization that extends credit or owns an account where a balance is due. Collection methods traditionally include phone calls from call center agents, e-mails, and letters, and increasingly, SMS text. If an account remains in arrears after these efforts, the collection agency may contract with a collection attorney to file suit to recover the debt, if the collection agency is not positioned to do so.

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Maryland Debt Collection Litigation Bill Signed Into Law

SACRAMENTO, Calif. — On Thursday, May 19th, Maryland Governor Larry Hogan signed SB 771/ HB 1491 (Chapter 579) into law, addressing the treatment of out-of-statute debt and statutorily codifies several provisions contained in the Maryland Rules of Procedure (MRP) concerning the litigation of consumer debt. Given that the language from the MRP was copied verbatim, DBA International […]

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Phillips & Cohen Associates International’s Expansion Continues

Phillips & Cohen Associates International, Ltd., the global arm of the industry’s leading deceased account management specialist, announces the extension of its service offering into the Republic Of Ireland. The Phillips & Cohen Associates group of entities, which has delivered market leading compassionate recovery solutions since 1997, has six other offices in the US, UK, […]

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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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FTC Warns Industry to Have Robust Credit Reporting Policies and Procedures

FTC Director Jessica Rich’s comments came as part of an announcement by the FTC that it had filed a complaint and proposed order against a Texas-based debt collection agency for having deficient policies and procedures related to borrower credit reporting. Through its proposed order, the FTC clarified its expectations for what credit reporting policies and procedures debt collection agencies need to have in order to avert or withstand regulatory scrutiny.

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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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Brock & Scott Collections Division Expands Operations and Presence into Michigan

FARMINGTON HILLS, Mich. — Brock & Scott, PLLC is pleased to announce an expansion of its Collections practice group into Michigan with the addition of Trott Recovery Services, PLLC.  Trott Recovery Services has been a collections and legal recovery leader serving clients nationally and across the state of Michigan for over five years. Trott Recovery […]

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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.