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New York Enacts Consumer Credit Fairness Act, Amending Civil Practice Law and Rules and the Judiciary Law

Troutman Sanders

On November 8, New York Governor Kathy Hochul signed into law the Consumer Credit Fairness Act (Act) (Legislation S.153/A.2382). New Information and Document Requirements When Filing and Prosecuting a Debt Collection Action. A similar notice is required if a plaintiff files a motion for summary judgment.

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Dealing with Debt Collectors

Debt Free Colorado

When collecting a debt from you, collection agencies must adhere to federal and state rules. Fortunately, the federal Fair Debt Collection Practices Act (FDCPA) protects all states. You have rights to help you gain control over your debt collection interactions. Call or text you to collect a debt between 8 a.m.

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Only "Material" Disputes Support A Claim Under Section 1692e(8) Of The FDCPA

FDCPA Defense

The Credit Recovery Co. , 1998) (section 1692e(8) "requires a debt collector who knows or should know that a given debt is disputed to disclose its disputed status to persons inquiring about a consumer's credit history.") (emphasis added); Sunga v. Quick Collect, Inc. , Midland Credit Mgmt., 3d 64, 67 (1st Cir.

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Federal Agencies Finally Weigh in on Immigration Status in Credit Underwriting

Troutman Sanders

As background, ECOA prohibits discrimination by a creditor on the basis of race, color, religion, national origin, sex, marital status, age, an applicant’s receipt of public assistance, or the good faith exercise of an applicant’s rights under the Consumer Credit Protection Act. Yesterday, the U.S.

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No interest? No Disclosure? No Problem!

Consumer Financial Services Law

The juxtaposition of Sections 1692e and 1692g continues to be a battle ground for the consumer bar and collection industry. Section 1692e prohibits false, deceptive or misleading representations in connection with the collection of a debt. In Powers v. Capital Mgmt Servs.,