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Can a Lender Pursue Debt Collection After a Charge Off and 1099-C Issuance?

Jimerson Firm

At the same time, however, the account owner/debtor is still responsible for the balance, and the lender/creditor can still make an effort to collect what is owed, with obvious exceptions being discharged or dischargeable bankruptcy filings. Collecting Debts After 1099-C Issuance. Charging Off” Uncollectable Debt. 1.6050P-1(b)(2)(i).

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Recent Trends and Common Allegations in FCCPA Litigation

Jimerson Firm

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. As such, all businesses need to be aware of the statute and the risk and potential liability associated with the statute.

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CFPB Continues to Focus on Tuition Payment Plans Offered by Colleges and Universities in Latest Report

Troutman Sanders

In the press release announcing the issuance of the report, CFPB Director Rohit Chopra stated, “[t]uition payment plans offered by schools may look like a good option, but this report shows student borrowers can end up paying high fees, be forced to sign away their legal rights, or even have their transcript withheld by their school.”

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CFPB Releases List of “Consumer Reporting Companies” and Encourages Consumers to File More FCRA Suits

Troutman Sanders

In late January, the Consumer Financial Protection Bureau (CFPB) released its 2022 “ List of Consumer Reporting Companies.” This list purports to give consumers “the details [they] need to take action” against companies that collect consumer information and prepare consumer reports.

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What is the Difference Between the FDCPA and the FCCPA?

Jimerson Firm

Two important statutes for all businesses to be aware of are the Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA). 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.

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Defending Against Alleged Violations of the FCCPA and the FRLTA

Jimerson Firm

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) , provides as follows: 559.72 Prohibited

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

The rules also establish a fairer process for borrowers to raise a defense to repayment, while preserving the borrowers’ day in court by preventing institutions of higher education (institutions) from forcing students to sign away their legal rights using mandatory arbitration agreements and class-action waivers.