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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.

apartments

Collector Settles Class Action for $50,000; Plaintiffs’ Attorneys Take $40,000

A federal judge in New Jersey last week approved the settlement of a class action lawsuit against a collection agency over the validation language the firm used in a letter to a consumer. The settlement calls for the debt collection firm to pay $9,500 to the lead plaintiff and potential class of 225 consumers, with the plaintiffs’ attorneys receiving $40,000.

Courtroom

Bad Faith FDCPA Case Leads to Win for Defendant

The underlying putative class action complaint was filed in state court and removed by the defendants who then filed a motion to dismiss. The District Court granted the unopposed motion to dismiss and the subsequent motion for reconsideration filed by the plaintiff. The motions were granted due to the fact that, “Counts I through V are clearly barred by the FDCPA’s one-year statute of limitations and Count VI is insufficient to sustain a common law negligence claim and is additionally precluded by Missouri’s economic loss doctrine.” Id. at *2.

Study Guide

DBA International’s Introductory Survey Course on Debt Buying Available 24/7 Online

DBA International’s Introductory Survey Course on Debt Buying is now available online. Individuals seeking their Certified Receivables Compliance Professional (CRCP) designation or wanting to gain additional professional education can view the recording from the 2014 DBA Annual Conference via DBA’s website 24/7. The Introductory Survey Course is required for individuals seeking their CRCP designation through […]

judges-bench-gavel

Pa. Judge: Consumers Must Know Their Right to Challenge a Debt

A Pennsylvania federal judge Tuesday denied debt collector North Shore Agency Inc.’s motion to dismiss a putative class action lawsuit. The case alleges that North Shore Agency Inc. obscured language advising consumers of their rights to challenge their debts. In his opinion, U.S. District Judge Gene Pratter noted potential holes in the Fair Debt Collection […]

Ecucational Fund

TECH LOCK, Inc., American Collectors Association of Texas Educational Foundation partner to “Secure” an Education

TECH LOCK, Inc., a leading compliance and technology consulting company, announced that it will be donating ten percent of TECH LOCK’s gross paid service fee invoices derived from business conducted with American Collectors Association of Texas members to the ACA of Texas Educational Foundation. In recent years, significant awareness to compliance and risk to reputation […]

Recording Phone Calls

Disclosures Likely Necessary When Recording Cell Phone Calls to Consumers in California

The plaintiff alleges an invasion of his privacy and a violation of California Penal Code. Verizon’s argument: the recording of the phone calls actually isn’t a violation since privacy wasn’t breached. The Court, however, appears to be siding with the plaintiff on this one, which could offer some operational clarity for collection agencies in one aspect of how they interact with consumers via cell phone.