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Supreme Court says Congress must expand debt collection law

Roths Child Law

Congress needs to enact laws expanding consumer protections against abusive debt collection, the U.S. Supreme Court unanimously ruled in 2017. Defendant debt collector Santander Consumer USA Holdings ultimately prevailed because it was not collecting money on behalf of a third party. As written, the U.S.

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Clerical Error in Creditor’s Name Does Not Sink Debt Collector

Consumer Financial Services Law

A demand letter sent by a debt collector was not doomed by an incorrect statement of the creditor’s name. the debt collector’s initial letter stated as follows: Re: ENCOMPASS MANAGEMENT CONSULTANTS Account #: 3118797 Balance: $875.33 The debtor contended that the letter violated 15 U.S.C. In Santibanez v.

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9th Cir. Reverses Trial Court Ruling in Favor of Defendant on FDCPA Claim Related to Bankruptcy

Collection Industry News

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed. 1692d, 1692e, 1692f.

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Why Every Lawyer And Client Should Be Fighting To Stop The "Meaningful Attorney Involvement" Doctrine From Spreading

FDCPA Defense

Although this scenario may sound far-fetched, it is an everyday occurrence for creditors’ rights attorneys, who have been targeted by “meaningful attorney involvement” lawsuits for years. The CFPB is expected to announce proposed debt collection rules in the near future that may incorporate the theory. 1692, et seq. the “FDCPA”).

Lawyers 40