Remove 2013 12
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11th Cir. Reiterates That TILA Periodic Statements May Violate FDCPA

Collection Industry News

Additionally, the back of the statements listed additional methods of payment and the statement stated “[Servicer] is a debt-collector, and information you provide to use will be used for that purpose.”. Bureau, CFPB Bulletin 2013-12, Implementation Guidance for Certain Mortgage Servicing Rules 6-7 (2013).

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Trends In FDCPA Litigation Filed Against HOA Attorneys

FDCPA Defense

The Act does not define the term “debt collection” and the courts have come to different conclusions on what it means. 2013) (“Unfortunately, the FDCPA does not define ‘debt collection,’ and its definition of ‘debt collector’ sheds little light, for it speaks in terms of debt collection.”) (citations omitted); Gburek v.

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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

This would render meaningless the FDCPA's carefully drawn distinction between debt collectors and enforcers of security interests, and expand the scope of the FDCPA well past the boundary of clear congressional intent and common sense.” 2013 WL 1249598, at *8 (D. AOAO of Lihue Townhouse, 2013 WL 139058, at *5 (D.

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Why The CFPB's Position On Time-Barred Debt Is Bad For Consumers

FDCPA Defense

Can a consumer be “harmed” if he voluntarily makes a payment on a debt that he admittedly owes? These same points were echoed by the CFPB on March 20, 2013 in its Annual Report To Congress on the Fair Debt Collection Practices Act , where it stated: “Consumer debt collection is critical to the functioning of the consumer credit market.

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Can Recent Enforcement Actions Provide Guidance On The CFPB’s Position On UDAAPs?

FDCPA Defense

But how can a collector know exactly what the CFPB will consider to be an “unfair” or “deceptive” or “abusive” collection practice? The CFPB has provided some guidance on UDAAPs in the bulletin it released in July 2013 and in the Examination Manual that it published in 2012. See 12 U.S.C. 5531(c)(1). f/k/a NCO Group, Inc. (“NCO”).

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When Is A Lawyer Or Law Firm "Regularly" Collecting Debts Under The FDCPA?

FDCPA Defense

291 (1995), lawyers have known that if they seek to collect consumer debts for clients – even when doing so through litigation – they might qualify as a "debt collector" under the Fair Debt Collection Practices Act, 15 U.S.C. 3d _, 2013 WL 3928631 (10th Cir. See 2013 WL 3928631, at *4. Jenkins , 514 U.S.