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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. 17) references telephone calls, some consumer lawyers are arguing that Section 559.72(17)

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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. As such, this allows consumer lawyers to make the argument that Section 559.72(17) As such, businesses need to be aware of the statute and the risk and liability of the statute.

Debtor 59
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What Exposure Does a Business Have to Attorneys’ Fees Under the FCCPA and the FDCPA?

Jimerson Firm

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any real damages suffered by a consumer. Hamilton, Esq.

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What Are “Statutory Damages” Under the FCCPA and the FDCPA?

Jimerson Firm

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any actual damages suffered by a consumer.

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

FFGN COLLECT NY

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. The CFPB regulates debt collection only as it relates to consumer debt.

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Are Proposals for Settlement Enforceable in FCCPA Cases?

Jimerson Firm

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. Given the pro-consumer nature of the statute, one big consideration for defending against FCCPA claims is how to shift risk to the plaintiff. . As such, businesses need to be aware of the statute and the risk and liability of the statute.

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

Troutman Sanders

The defendant offered a “pause” program that allowed the plaintiff to suspend service for up to nine months at a cost of $5 per month, which the plaintiff accepted. The plaintiff’s lawyer sent two faxes to the defendant providing notice that the plaintiff was represented by counsel.