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Is It “Debt Collection” If You Never Asked For Money?

FDCPA Defense

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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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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Is A Bank A “Debt Collector” Under California’s Rosenthal Act? Maybe Not.

FDCPA Defense

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

FDCPA Defense

The CFPB is expected to announce proposed debt collection rules in the near future that may incorporate the theory. The “meaningful attorney involvement” doctrine evolved out of the Fair Debt Collection Practices Act, 15 U.S.C. the “FDCPA”). How did everything go wrong for creditors’ rights attorneys?

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Searching For The Meaning Of “Meaningful Involvement”

FDCPA Defense

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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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?

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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).