Creditor's Rights and Creditors - Creditor Collections Today

Eleventh Circuit Reaffirms its Prior Ruling that Debt Collectors who File Time-Barred Proofs of Claim are Subject to Liability Under the Fair Debt Collections Practices Act, and Further Concludes its Holding does not Place the FDCPA in Conflict with the B

The Creditors Rights

AUGUST 2, 2016

However, the court agreed it left unanswered in Crawford an additional question: whether the Bankruptcy Code preempts the FDCPA when creditors misbehave in bankruptcy. The court further noted that a “right to payment” under the Bankruptcy Code “is nothing more or less than an enforceable obligation.” Travelers Cas. & 443 (2007).

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TCPA Litigation: Is Click-to-Dial a Violation?

Jimerson Firm

JANUARY 18, 2023

Ultimately, the defendant argued the relevant aspects of their system was “(1)…no call can ever be placed without human intervention for each and every call;” (2) “the system is not capable of dialing from a list of numbers;” and (3) “the system does not produce or store numbers that have been randomly or sequentially generated and didn’t (..)

Creditor's Rights

Creditor's Rights Commercial Collection Creditors Collections

Eleventh Circuit Reaffirms its Prior Ruling that Debt Collectors who File Time-Barred Proofs of Claim are Subject to Liability Under the Fair Debt Collections Practices Act, and Further Concludes its Holding does not Place the FDCPA in Conflict with the B

TCPA Litigation: Is Click-to-Dial a Violation?

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