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Why Every Lawyer And Client Should Be Fighting To Stop The "Meaningful Attorney Involvement" Doctrine From Spreading

FDCPA Defense

Instead, the letters had been mailed by collection agencies that had used an attorney’s letterhead in a misleading fashion. 1993), a collection agency sent letters to “approximately one million debtors each year” using a computerized mass-mailing system, on letterhead listing “P.D. In Clomon v. Jackson , 988 F.2d

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Searching For The Meaning Of “Meaningful Involvement”

FDCPA Defense

For example, in Clomon the defendant, an attorney, was a part-time general counsel of a collection agency. The agency ( not the attorney) mailed letters to “approximately one million debtors each year” using a computerized mass-mailing system, with a letterhead referencing the defendant – “P.D. Avila, 84 F.3d

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Will You Know A “Dispute” When You See It?

FDCPA Defense

and Portfolio Recovery Associates, LLC provide that if a debt is “disputed” by a consumer, Encore and PRA must take additional steps to substantiate the debt before proceeding with collection. The CFPB also required Encore to notify the collection agencies and law firms it retains whenever a debt has been previously disputed by the consumer.

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The CFPB's Plans For The Collection Industry

FDCPA Defense

If you are a collection professional working for a creditor, debt buyer, collection agency or collection law firm, and you have not yet added the website for the Consumer Financial Protection Bureau (CFPB) to the favorites on your web browser, it is high time that you do so.

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Why California Fair Debt Buyer’s Act May Decrease Communication And Increase Litigation Between Debt Buyers And Consumers

FDCPA Defense

Scope Of The Act The Act only applies to debt buyers: it does not apply to creditors, collection agencies or collection attorneys. Code § 1788.52.

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Can The CFPB Make Debt Collectors Reveal Their Attorney-Client Privileged Documents?

FDCPA Defense

The CFPB claims to have the right to obtain privileged documents from all “supervised institutions” as well as from any “service provider” (such as a law firm or collection agency) who performs material services for a supervised institution. The answer may depend on who you ask.

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Avoiding Overshadowing Claims

FDCPA Defense

Furthermore, to be effective, the notice must not be overshadowed or contradicted by other messages or notices appearing in the initial communication from the collection agency.”) (citations omitted). It must be large enough to be easily read and sufficiently prominent to be noticed – even by the least sophisticated debtor.