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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. Source: site. A copy of the opinion in Lamirand, et al v. to be paid in one year.

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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. Accredited Collection Agency Inc. , No. Collection Services, Inc.

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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. Are You Engaged In “Debt Collection” Under The FDCPA? LLC , 704 F.3d

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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. The issue in Ho v. at 571-72 (citations omitted).

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

FDCPA Defense

The CFPB and the FTC have forcefully argued that debt collectors should make an affirmative disclosure to consumers when they are seeking to collect debts that cannot be judicially enforced, and that the failure to make this disclosure may violate the FDCPA. I thought it was important for consumers to repay their debts.

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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. 3d _, 2013 WL 3928631 (10th Cir.