Troutman Sanders

JUNE 28, 2021

On June 16, the CFPB issued an interpretive rule that explains the basis for its authority to examine supervised financial institutions for risks to active duty servicemembers and their dependents ( i.e. , military borrowers) from conduct that violates the Military Lending Act (MLA). For more information, click here.

Financial services 52

Financial services Financial Institution Collection Agencies Collections Agency 52

Collection Industry News

DECEMBER 19, 2023

The Consumer Financial Protection Bureau (CFPB) today took action against a medical debt collector, Commonwealth Financial Systems, for illegally trying to collect unverified medical debts after consumers disputed the validity of the debts. WASHINGTON, D.C. – Read today’s order.

Third-party Debt Collectors 40

Third-party Debt Collectors Collections Debt collector Fair Debt Collection 40

Jimerson Firm

FEBRUARY 22, 2024

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. Unlike the FDCPA, which only applies to debt collectors, the FCCPA applies to all persons or businesses collecting consumer debts. These lawsuits are typically based upon an allegedly improper 3-day notice sent to a tenant/debtor.

Debtor 59

Debtor Lawyers Consumer Collections Legal Rights 59

Jimerson Firm

NOVEMBER 20, 2023

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. 17) relating to emails for collecting debt. In collecting consumer debts, no person shall: (17) Communicate with the debtor between the hours of 9 p.m. Section 559.72(17) Section 559.72(17) Prohibited practices generally. —In

Debtor 59

Debtor Consumer Collections Construction Lawyers 59

Jimerson Firm

JANUARY 17, 2023

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any actual damages suffered by a consumer. Hamilton, Esq.

Consumer Collections 52

Consumer Collections Fair Debt Collection Financial services Banks 52

Jimerson Firm

DECEMBER 14, 2021

Businesses throughout Florida should be aware of consumer statutes that provide remedies to consumers and impose liability to businesses, even for small technical violations. Fair Debt Collection Practices Act. A person attempting to collect his or her “own” debt, is not a debt collector under the FDCPA. See Stanley v.

Debt collector 105

Debt collector Fair Debt Collection Consumer Collections Legal Rights 105

Jimerson Firm

JANUARY 17, 2023

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any real damages suffered by a consumer. Hamilton, Esq.

Lawyers 52

Lawyers Consumer Collections Fair Debt Collection Financial services 52

Jimerson Firm

JANUARY 12, 2024

In collecting consumer debts, no person shall: (9) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist. Section 559.72(9), 9) , Florida Statutes. Section 559.72(9) Argument No.

Consumer Collections 59

Consumer Collections Legal Rights Collections Banks 59

Jimerson Firm

JANUARY 12, 2023

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. Given the pro-consumer nature of the statute, one big consideration for defending against FCCPA claims is how to shift risk to the plaintiff. . As such, businesses need to be aware of the statute and the risk and liability of the statute.

Consumer Collections 52

Consumer Collections Lawyers Financial services Fair Debt Collection 52

Burr Forman

JUNE 7, 2021

At Burr & Forman, Simms-Petredis serves as a Partner in the firm’s Financial Services group with a focus on financial litigation and compliance. “HCBA has had such an impact on me and my career, and it is my pleasure to continue giving back in any way that I can.”.

Fair Debt Collection 52

Fair Debt Collection Bankruptcy Financial services Consumer Collections 52

Jimerson Firm

JANUARY 16, 2023

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Accredited Collection Agency Inc. , No. Collection Services, Inc. Businesses should be aware of each statute and how to defend against such claims. Hamilton, Esq.

Garnishment 52

Garnishment Foreclosure Banks Consumer Collections 52

Troutman Sanders

NOVEMBER 8, 2023

After receiving notice of representation, the defendant sent five billing notifications to the plaintiff and made six telephone calls attempting to collect on the $5 monthly payment. This same evidence also supported findings that the plaintiff was financially vulnerable and that the defendant had engaged in repeated collection activity.

Creditors 52

Creditors Chapter 7 bankruptcy Unsecured Creditor Debt collector 52

Consumer Financial Services Law

MARCH 22, 2021

Enloe Section 1692a(3) defines a consumer as any natural person obligated or allegedly obligated to pay a consumer debt. The final debt collection rule interprets the definition of a consumer to include deceased natural consumers, as well. By Caren D. See Comment 10(b)(2)-1.

Debt collector 40

Debt collector Collection Agencies Collections Agency Collections 40

Jimerson Firm

JULY 21, 2021

Nevertheless, there appears to be an increase in class action complaints alleging violations of consumer protection laws such as Fair Debt Collection Practices Act (FDCPA), Florida’s Consumer Collections Practices Act (FCCPA), Fair Credit Reporting Act (FCRA), or Telephone Consumer Protection Act (TCPA).

Judgment 98

Judgment Fair Debt Collection Government Financial services 98