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Does Emailing a Debtor Between 9pm and 8am Violate the FCCPA?

Jimerson Firm

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. 17) relating to emails for collecting debt. This article seeks to explore whether sending an email to a debtor after 9pm and before 8am violates the FCCPA. 17) prohibits contacting a debtor between the hours of 9pm and 8am.

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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. These lawsuits are typically based upon an allegedly improper 3-day notice sent to a tenant/debtor.

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

The Kaplan Group

In November 2021, The CFPB made some long-awaited updates to the Fair Debt Collection Practices Act. The FDCPA was enacted by congress in 1977, so the standards regarding communication between debtors and collectors were not up to speed with modern technologies. Who do these laws apply to?

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$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.

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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.

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What to Expect in New York Debt Collection Law in 2022

FFGN COLLECT NY

Most significantly, the Act reduces the statute of limitations — the period of time in which you have to file suit against a consumer debtor — from six years to three years. Similarly, if you have a payment arrangement with a customer who is a consumer you should have the consumer confirm owing the debt and include a promise to pay.

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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. Florida Consumer Collection Practices Act (FCCPA). Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA.