Jimerson Firm

DECEMBER 14, 2021

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.

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Jimerson Firm

JANUARY 12, 2024

If the class representative’s claims have been satisfied by payment or otherwise, the class representative’s claims may be moot and the class action may not move forward. While I could write an entire article/series on class action defense, I just want to point out a couple common defenses. Mayo Clinic , 180 So. 3d 165, 170 (Fla.

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FFGN COLLECT NY

NOVEMBER 24, 2021

There are ways to extend or toll the statute , such as when the debtor or customer makes an on account payment during the three-year active period or acknowledges in writing that the debt is due and promises to pay. We wrote about what you need to know about the statute of limitations in New York debt collection cases.

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FFGN COLLECT NY

DECEMBER 15, 2021

If the individual owner or tenant owes the receivable and you seek payment from the individual through a debt collector , the CFPB will have a watchful eye. What is the Consumer Financial Protection Bureau? The CFPB is a federal agency designed to ensure that financial companies including debt collectors treat all consumers fairly.

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Troutman Sanders

NOVEMBER 8, 2023

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 Sanders

MAY 24, 2022

(SoLo) for allegedly engaging in unfair, deceptive, and abusive acts and practices (UDAAPs) in violation of the Consumer Financial Protection Act of 2010, as well as for operating in Connecticut without a small loan company license or a consumer collection agency license.

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Collection Industry News

JULY 12, 2022

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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Jimerson Firm

JANUARY 16, 2023

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA (jimersonfirm.com) . Jimerson Birr (jimersonfirm.com).

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Debt RR

SEPTEMBER 9, 2020

Due to the frustration they encounter when collecting debts, they may resort to outsourcing the debt collection process to a collection agency for small businesses. Collection agencies for small businesses are third-party establishments that collect overdue payments or funds from default accounts.

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Better Credit Blog

FEBRUARY 18, 2021

It’s all too easy to miss a payment on one of your accounts and put it on the backburner for later. When your debt goes into collections, it’s important to straighten things out quickly. If BYL Collections has been contacting you, the information below can help you move forward. Arrange a Pay-for-delete Agreement.

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Jimerson Firm

JANUARY 20, 2023

However, in 2019, the First District Court of Appeals held that condominium assessments are considered “consumer debts” under the Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA). See Kelly v. Duggan , 282 So. 3d 969, 973 (Fla. 1st DCA 2019). Under § 95.11(2)(b)-(c),

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Collection Industry News

SEPTEMBER 23, 2020

Section 1692(f) of the FDCPA prohibits a debt collector from using unfair or unconscionable means to collect any debt, and enumerates specific examples of prohibited conduct. Among other things, the term “debt collector” does not include “any person collecting or attempting to collect any debt owed or due. 24, 2020 M.D.

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Burr Forman

DECEMBER 4, 2020

The Department of Business Oversight issued guidance on March 21, 2020 that work from home prohibitions would not be enforced against escrow agents, finance lenders and servicers, student loan servicers, or residential mortgage lenders and servicers, thus allowing collection efforts to continue.

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Troutman Sanders

JUNE 28, 2021

The moratorium, which prevents the eviction of tenants unable to make rental payments, was scheduled to expire on June 30. The new law limits a collection agency’s ability to collect on medical debt. For more information, click here. For more information, click here. For more information, click here.

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Troutman Sanders

AUGUST 2, 2021

On July 28, the CFPB released an online tool to help renters and landlords impacted by the pandemic easily find and apply for payment assistance for rent, utilities, and other expenses. On July 29, the Federal Trade Commission (FTC) announced that it will send refund checks, totaling nearly $2.3 For more information, click here.

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Jimerson Firm

JULY 21, 2021

Nevertheless, there appears to be an increase in class action complaints alleging violations of consumer protection laws such as Fair Debt Collection Practices Act (FDCPA), Florida’s Consumer Collections Practices Act (FCCPA), Fair Credit Reporting Act (FCRA), or Telephone Consumer Protection Act (TCPA).

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Troutman Sanders

JULY 7, 2021

Some consumers reported facing homelessness because of the negative impact of an eviction on their credit history reported by debt collectors. The updated terms specifically address borrowers with permanent COVID-19 hardships and respond to the unprecedented nature of the pandemic.

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FDCPA Defense

FEBRUARY 1, 2018

Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process. See Carlin , 852 F.3d The issue in Ho v.

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