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

Collection Industry News

Court of Appeals for the Eleventh Circuit recently held that periodic statements required by the federal Truth in Lending Act may violate the federal Fair Debt Collection Practices Act if they are not truthful and fair. Bureau, CFPB Bulletin 2013-12, Implementation Guidance for Certain Mortgage Servicing Rules 6-7 (2013).

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What Are “Actual Damages” Under the FCCPA and the FDCPA?

Jimerson Firm

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. 2013) (finding a plaintiff can recover damages for emotional distress under the FCCPA); Barker v. Businesses should be aware of each statute and how to defend against such claims.

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Trends In FDCPA Litigation Filed Against HOA Attorneys

FDCPA Defense

Attorneys who regularly engage in collection work for community associations have increasingly become targets for lawsuits filed by professional consumer attorneys under the Fair Debt Collection Practices Act (“FDCPA” or “the Act”), 15 U.S.C. Alessi & Koenig, LLC , 2013 WL 5234253 (D. and analogous state laws.

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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process. 2013 WL 1249598, at *8 (D. Nevada Assoc.

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

FDCPA Defense

More importantly, however, by providing compensation to creditors when consumers do not repay their debts, the debt collection system helps keep credit prices low and helps ensure that consumer credit remains widely available.” See Executive Summary, p.

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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.