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Eleventh Circuit Reaffirms its Prior Ruling that Debt Collectors who File Time-Barred Proofs of Claim are Subject to Liability Under the Fair Debt Collections Practices Act, and Further Concludes its Holding does not Place the FDCPA in Conflict with the B

The Creditors Rights

In 2014 the Eleventh Circuit held that a debt collector violates the Fair Debt Collections Practices Act when it filed a proof of claim in a chapter 13 case on a debt that it knows to be time-barred. 3d 1254 (11 th Circ. Midland Funding, LLC , 2016 WL 2996372 (11 th Cir. 1692f, to collect a debt.

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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. Ocwen Loan Servicing, LLC , 2015 WL 11256663, *6 (D.

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Financial Policy Predictions 2021: Meaningful Changes Ahead

Fico Collections

Since the FCC’s 2015 broad definition of Automatic Telephone Dialing System (ATDS) was struck down by the DC Court of Appeals, a steady stream of class action lawsuits have resulted in a number of conflicting decisions and a split among the courts. New Debt Collection Rules Are Here to Stay.