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Eleventh Circuit Continues to Explore Definition of Debt Collector

Consumer Financial Services Law

An unpublished opinion from the Eleventh Circuit continues its analysis of the definition of a debt collector and continues to narrow the applicability of the FDCPA. 3d 1309 (11 th Cir. 2015) was one of the first opinions to parse the definition of a debt collector under 15 U.S.C. LEXIS 19750 (11 th Cir.

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Why Buffalo is a hub for illegal debt collectors

Collection Industry News

Ciffa’s offices in Niagara Falls and Kenmore, debt collectors intimidated their victims with illegal threats of arrests and lawsuits. According to federal prosecutors, an elderly cancer patient in Texas was so rattled by the threats that she borrowed $500 from her sister to help pay off a debt of $1,285. Source: site.

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Supreme Court says Congress must expand debt collection law

Roths Child Law

Congress needs to enact laws expanding consumer protections against abusive debt collection, the U.S. Supreme Court unanimously ruled in 2017. Defendant debt collector Santander Consumer USA Holdings ultimately prevailed because it was not collecting money on behalf of a third party. As written, the U.S.

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Eleventh Circuit Holds Voice Mail Message is a Communication

Consumer Financial Services Law

Credit Control, LLC, 2017 U.S. LEXIS 18375 (11 th Cir. Sept, 22, 2017), the debt collector left a message which stated: This is Credit Control calling with a message. This call is from a debt collector. The debt collector moved to dismiss relying, in part, on Zortman v, J.C. Hart at *2.

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District Court Provides Successful Road Map for Bona Fide Error Defense

Consumer Financial Services Law

By Zachary Dunn October 16, 2017 The FDCPA, through section 1692d(6), prohibits a debt collector from placing telephone calls to a debtor “without meaningful disclosure of the caller’s identity.” Van Ru Credit , 2017 U.S. See Johnson v. Riddle , 443 F.3d 3d 723, 727-28 (10th Cir. 1692d(6). In Berry v. LEXIS 164266 (D.

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District Court Takes Expansive View of "Deceptive or Misleading" Practices under FDCPA

Consumer Financial Services Law

By Zachary Dunn The FDCPA prohibits a debt collector from using “any false, deceptive, or misleading representation” in connection with the collection of a debt. 30, 2017), the plaintiff, Fatema Islam, failed to pay the balance due on her credit card with Bank of America, N.A., See 15 U.S.C. In Islam v. Recovery Serv.

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9th Cir. Reverses Trial Court Ruling in Favor of Defendant on FDCPA Claim Related to Bankruptcy

Collection Industry News

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed. 1692d, 1692e, 1692f.