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Cutting the Cost of Debt Collection

by Fiona McCaul People and businesses are filing for bankruptcy at a staggering pace, with 1.4 million petitions submitted in 2009, an increase of 32% from the previous year. The number is likely to jump higher in 2010. Associated with each bankruptcy petition are a large number of smaller...

Debt Collectors Reach New Low

Just when you thought that you had heard it all.... A debt collection agency in Pennsylvania has been accused by that state's Attorney General of staging fake trials with a fake judge in a fake courtroom against people who allegedly owed debt. "The Attorney General's Office told Team...

Collection Tactics: Take Two

Here is another outrageous situation involving illegal tactics used by some collectors. In this instance, the agency targets only US military and as part of its routine collection efforts, it threatened jail time as well as a dishonorable discharge if the service member did not pay. Happily in this...

Unintended Cell Phone Call Recipient Can Bring TCPA Claim, U.S. District Court Says

A recent decision of the U.S. District Court for the Northern District of Illinois holds that someone who receives prerecorded debt collection calls to his or her cellular phone has standing to assert a claim under the Telephone Consumer Protection Act (TCPA), even if not the person the debt collector...

Third Circuit Holds that Debt Collectors Must Generally Comply with the Bankruptcy Code and the Fair Debt Collection Practices Act

In Simon v. FIA Card Services, N.A. , the U.S. Court of Appeals for the Third Circuit recently ruled that a debtor in a bankruptcy proceeding is not unconditionally precluded from bringing claims under the Fair Debt Collection Practices Act (the “FDCPA”) [ an enhanced version of this opinion...