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home | FDCPA | FDCPA Archives

FDCPA continued

Displaying Matches 17 thru 30 of 30 Found.  BACK

RMS' Online Business Center Brings Collection Success to Hundreds in Just Months
June 8, 2010
RMS' Online Business Center Brings Collection Success to Hundreds in Just MonthsRMS, the leader in business-to-business Accounts Receivable (A/R) management, introduced their online debt collection services nine months ago, providing commercial businesses with the opportunity to purchase individual claim collection services --without a contract or subscription -- through the company's internet web site Business Center. Of the hundreds of users to date, half have chosen to send their debtor either the single DebtAlert® Collection Letter or the series of DebtAlert® Collection Letters; with each subsequent message escalating the urgency for payment. The other half of the Online Business Center users chose . . . keep reading

Regulating Commercial Debt Collection
By Loral Narayanan, May 26, 2010
Clients and prospects often ask us about ABC-Amega's adherence to the Fair Debt Collection Practices Act. Until we explain further, they're surprised when we tell them that we aren't regulated by the FDCPA. It isn't that ABC-Amega takes a cavalier attitude concerning legislation geared toward maintaining high standards within the collections industry. Quite the contrary, our core values center around the kinds of practices such legislation promotes. . . . keep reading

The Statute of Limitations
When Acme Collections sent out some letter trying to collect a charged-off bank loan, Herbert Lehman was on the phone two days later.

"This is Herbert Lehman and I just received this summons of complaint. I don't understand, because this loan is over five years old, and I'm told the Statute of Limitation is three years. How can you institute suit on this?"

"Well Mr. Lehman, I suggest that you consult your attorney and assert your defense of the Statute of Limitations, and we'll proceed from there," the Acme representative told him. "In the meantime, you can save attorney fees by settling this case."

"I don't want to settle this case. I don't owe the money because the Statute of Limitations has run, and I guess if I have to get an attorney I'll get an attorney."

"That's your prerogative."

Is Lehman's position sound?

. . .
keep reading

Collection Agency Settles on FDCPA Charges
A collection agency has agreed to settle Federal Trade Commission charges that it had falsely threatened legal action against consumers from whom the . . . keep reading

Is Collection Agency Right or Are They on Thin Ice With the Fair Debt Collection Practices Act?
This case study looks at a situation of an individual being charged collection fees and interest in excess of the state's allowed level by a college and collection agency. Another twist is that she says she never received payment guidelines from the college. Now, she's alleging a violation of the FDCPA. Is she correct? Or is the agency correct? . . . keep reading

Dangerous Ground--Using the 1099-C to Collect Debts
Some collection experts have suggested that the IRS form 1099-C is a good way to convince consumers to pay their debts. The idea is that the creditor will write off the debt and will report the write-off to the IRS, and then the debtor will have to pay taxes on the debt. However, using this technique could get you in legal trouble. . . . keep reading

Did this bank order a credit report under false pretenses, and was this a violation of the FDCPA?
"You called up my credit report under false pretenses," claimed Dexter Taylor. "You knew that someone was using my Social Security number illegally, and yet you continued to call up my credit report when dealing with his account." "It's true that we knew something was amiss with this account," admitted David Courtney of East Coast Bank. "When a Mr. Dexter Tayler--with an 'e'--asked us for a car loan, he gave us his employment information and his Social Security number. We received a credit report based . . . keep reading

Creditors' Attorneys Are Subject to FDCPA
The battle went on for years--were attorneys collecting accounts for their clients considered collectors under the Fair Debt Collection Practices Act (FDCPA)? Some jurisdictions said yes. Others said no. Finally, the Supreme Court gave the final word--attorneys collecting debts are liable under FDCPA. But what does this mean to creditors? If you hire attorneys to act on your behalf in collection matters, you may be concerned about how a recent Supreme Court case . . . keep reading

FDCPA -- Collecting From Consumers At Work
The Fair Debt Collection Practices Act has been in effect for over 15 years, so you would think most collectors would be doing it all by the book, rig . . . keep reading

Settlements Should Give Guidance to Collectors
The news is full of schemes, scams, shams and telemarketing rip-offs. It's no wonder that some consumers become overwary of any business contacts made by phone.

Though they may know that they are in debt, some consumers still fear a scam when they are contacted by a collector over the phone. This fear can cause them to talk to a lawyer rather than to some stranger who is calling and asking for money. . . .
keep reading

Does this situation fall under the auspices of the Fair Debt Collection Practices Act?
Here's an interesting case study that looks at whether or not the Fair Debt Collection Practices Act applies in a collection situation.

The issue of venue comes up here (is the suit filed in the right county?). A second issue is whether or the creditor can claim that, because of a bad check, they're prosecuting a fraud, rather than collecting a debt, and so wouldn't fall under the FDCPA. . . .
keep reading

The Fair Debt Collection Practices Act (FDCPA): Some Quick Tips to Avoid Problems Collecting in Today's Troubled Economy
By Steven A. Harms
The Fair Debt Collection Practices Act (FDCPA): Some Quick Tips to Avoid Problems Collecting in Today's Troubled EconomyThe Fair Debt Collection Practices Act (FDCPA) is a key federal law which applies to debt collections. Since it is a federal law, it is applicable in all 50 states. However, there are two primary provisions: it only applies to consumer collections, not commercial collections and the law only applies to third party debt collectors, not individuals or businesses collecting their own debts. Some credit grantors believe that it is cost effective if they set up an internal collection agency within their company. . . . keep reading

Is this a consumer or commercial debt and is it covered under the Fair Debt Collection Practices Act?
"You violated my rights under the Fair Debt Collection Practices Act," claimed Brian O'Clair. "You were collecting a debt that belonged to another ban . . . keep reading

Does the FDCPA Apply to Commercial Collections?
"What's the big idea calling me at home and at this time of the night?" demanded Don Brandon, owner and operator of Brandon Distributors. "You won' . . . keep reading

Displaying Matches 17 thru 30 of 30 Found BACK 

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