Thursday, November 29, 2018
Wednesday, November 28, 2018
Tuesday, November 27, 2018
FDCPA Caselaw Review for October 2018
A law firm sent a collection letter to the consumer stating that it intended to file a collection lawsuit in state court. The letter did not include a disclosure that the firm would collect court costs or fees, which were ultimately requested when the suit was filed. The consumer sued saying that the letter was false and misleading due to this omission. The court found that the letter was not deceptive or misleading because court costs would only become due if the debt collector prevailed in the lawsuit. This means that the balance would remain static even while the suit was pending and no disclosure was needed per the Second Circuit’s Taylor v. Financial Recovery Servicesdecision.
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Thursday, November 22, 2018
Wednesday, November 21, 2018
Tuesday, November 20, 2018
Tinley Park family says embattled mortgage firm didn’t credit payments
TINLEY PARK, Ill. — A nationally known mortgage company is accused of “years of widespread errors” and botching basic functions like crediting customers’ payments and sending out accurate monthly statements.
Now, a Tinley Park family says they are losing their home because of similar errors and a maddening, years-long effort to correct mistakes.
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Thursday, November 15, 2018
Federal-state lawsuit accuses debt collection agency of ‘overbiffing’
The New York State Attorney General’s Office has begun a joint lawsuit with the Federal Trade Commission against a Buffalo Debt Collection agency owner, alleging he used false information to coerce New Yorkers out of money they didn’t owe.
Authorities have frozen the assets of, and issued a restraining order against, a debt collection agency run under six different names by Robert Heidenreich, accusing him of “overbiffing” – the practice of trying to collect more than owed.
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