article thumbnail

What Debt Collectors Can and Can’t do on Social Media

The Kaplan Group

Debt collectors can now contact consumers on social media. Here’s the background and all you need to know about what debt collectors can and can’t do on social media. In November 2021, The CFPB made some long-awaited updates to the Fair Debt Collection Practices Act. Yes, it’s true.

article thumbnail

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. 17), where an email is sent to a debtor after 9pm and before 8am.

Debtor 59
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Eleventh Circuit Holds Transmitting Consumer Information to Third Parties Exposes Debt Collectors to Liability under the FDCPA

Burr Forman

In a decision that could throw the debt-collection industry into turmoil, on April 21, 2021, the Eleventh Circuit Court of Appeals released its opinion in the case Hunstein v. Preferred Collection & Mgmt. Compumail used this information to create, print, and mail a dunning letter to the consumer.

article thumbnail

What is the Difference Between the FDCPA and the FCCPA?

Jimerson Firm

Businesses throughout Florida should be aware of consumer statutes that provide remedies to consumers and impose liability to businesses, even for small technical violations. The FDCPA prohibits debt collectors from making false or misleading representations and from engaging in various abusive and unfair practices.

article thumbnail

$225,000 Punitive Damages Award Upheld Where Creditor Repeatedly Contacted Customer After Being Notified of Attorney Representation

Troutman Sanders

18) of the Florida Consumer Collection Practices Act (FCCPA), which makes it unlawful for a debt collector to communicate with a debtor if the debt collector knows that the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address.

article thumbnail

11th Cir. Reiterates That TILA Periodic Statements May Violate FDCPA

Collection Industry News

The appeal arose from a lawsuit brought by two Florida homeowners (“Debtors”) against their home loan servicer (“Servicer”) for alleged violations of the FDCPA and Florida’s Consumer Collection Practices Act. The statements also warned that failure to pay may result in the loss of Debtors’ home and provided options for payment.

Debtor 40
article thumbnail

What to Expect in New York Debt Collection Law in 2022

FFGN COLLECT NY

The new law has a direct impact on the collection of consumer claims within New York State and covers in-house collections efforts as well as those placed with a third-party debt collector including a collection attorney or agency.