Consumer Defense

You Can’t Win If You Don’t Dispute

An Oklahoma federal court found that a consumer must say they are disputing a debt to be able to make out a case that the debt collector wrongly failed to update a credit report tradeline as disputed.

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May 28, 2024

Consumer Defense

An Allegedly Confusing Letter Does Not Create Federal Court Standing

In Osorio v. Transworld Systems Inc, a Pennsylvania federal trial court threw out an FDCPA suit despite the plaintiff’s claim she was living in a “state of bewilderment” after receiving a collection letter.

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May 22, 2024

Consumer Defense

NY Voids Medical Debt If Credit Reported

On December 13, New York Governor Kathy Hochul signed into law the Fair Medical Debt Reporting Act. This new law is effective immediately and prohibits the credit reporting of any medical debt in New York. And “any” means any – it is not just negative information; there can be no furnishing of any information regarding any medical debt in New York.

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December 15, 2023

Consumer Defense

Florida State Trial Court Ruling: No Actual FDCPA Damages, No State Court Filing Permitted

On November 17, 2023, a Florida state court found no standing to sue when the plaintiff merely alleged a statutory injury for collection of a debt not owed and the fear of future harm if the court did not intervene.

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November 22, 2023

Consumer Defense

Nevada’s S.B. 248 Medical Debt Collection Law Barely Survives Constitutional

Two years ago, the ACA, several debt collectors, debt buyers and a debt collection law firm filed a lawsuit through Sessions, Israel & Shartle, LLC and Brownstein Hyatt Farber Schreck, LLP seeking to prohibit S.B. 248 from becoming effective.

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June 16, 2023

Consumer Defense

Furnishers Beware – Correcting Credit Reporting Mistakes Can Still Get You Sued

What happens when you credit report information by mistake, follow the Fair Credit Reporting Act and fix it? One court finds that e-OSCAR worked and there was no liability ruling with a furnisher’s timely FCRA 30-day response.

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April 19, 2023

Consumer Defense

You Can’t Win If You Don’t Dispute

An Allegedly Confusing Letter Does Not Create Federal Court Standing

NY Voids Medical Debt If Credit Reported

Florida State Trial Court Ruling: No Actual FDCPA Damages, No State Court Filing Permitted

Nevada’s S.B. 248 Medical Debt Collection Law Barely Survives Constitutional

Furnishers Beware – Correcting Credit Reporting Mistakes Can Still Get You Sued

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