FDCPA Defense

AUGUST 16, 2012

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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FDCPA Defense

SEPTEMBER 22, 2018

Can a communication from a collector violate the Fair Debt Collection Practices Act, 15 U.S.C. the “FDCPA”) if it never asks the debtor to pay any money? What exactly does the term “debt collection” mean in the context of the FDCPA? See 15 U.S.C. §§ 1692b-1692i. See 15 U.S.C. Chase Home Fin.

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FDCPA Defense

AUGUST 19, 2013

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. Click here for more information on what constitutes a "debt" under the FDCPA.

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FDCPA Defense

SEPTEMBER 26, 2017

You are probably tempted to answer “yes” it can, because you know the Act defines a “debt collector” to include an entity that is collecting on behalf of itself or on behalf of third parties. Instead, all collection activities may be handled through separate, though related, servicing companies, or by third parties. LLC , 53 F.

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FDCPA Defense

NOVEMBER 10, 2015

Were these comments made during the course of a collection phone call, or in a letter sent to the collector? It is strange that Congress never bothered to define the term “dispute” in the FDCPA, given the important role that disputes play in the statute’s framework. See Fair Debt Collection Practices Act, CFPB Annual Report 2015.

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FDCPA Defense

MAY 27, 2014

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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FDCPA Defense

MAY 11, 2017

Grappling with the meaning of the so-called “meaningful involvement” doctrine is one of the most elusive and frustrating compliance challenges for collection attorneys and their clients. What exactly must a collection attorney do to ensure they are “meaningfully involved” in a file before sending a collection letter to a consumer?

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