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

Troutman Sanders

After receiving notice of representation, the defendant sent five billing notifications to the plaintiff and made six telephone calls attempting to collect on the $5 monthly payment. The plaintiff filed suit against the defendant alleging, among other things, violation of § 559.72(18)

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

In addition, cybercriminals are “also turning to trusted services like Dropbox, Google Drive, SendGrid, and Constant Contact” to distribute malware. A cybersecurity firm reported that there was a 161% increase in attacks using Cobalt Strike in 2020 compared to 2019. To read more about these cybercriminal activity trends, click here.

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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. In a prior article, I explained and evaluated alleged violations of the FCCPA and the FRLTA.

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Connecticut Banking Regulator Reduces Fine Against Defunct Collection Firm

Troutman Sanders

The Commissioner alleged in the order that the firm had acted as a consumer collection agency in Connecticut without a consumer collection agency license, in violation of § 36a-801(a) of the Connecticut General Statutes. The firm had 14 days to request a hearing, but failed to do so.

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What Does the CFPB Have to Do With My Debt Collection Claim?

FFGN COLLECT NY

Contact you at work if the debt collector knows or believes your employer prohibits personal calls. The Bureau educates, establishes and enforces rules, and has a compliance arm addressing debt collection as it relates to consumer collections. In New York State, it’s the Department of Financial Services.

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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. 17) prohibits contacting a debtor between the hours of 9pm and 8am. In collecting consumer debts, no person shall: (17) Communicate with the debtor between the hours of 9 p.m.

Debtor 59
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Adjusting Policies and Procedures for the Dead Consumer

Consumer Financial Services Law

Collection agencies should be mindful of this clarification and should begin reviewing their policies, procedures and scripts to evaluate whether they are sufficiently robust to adequately identify such parties.