Creditors Debt collector FDCPA Defense Judgment 
FDCPA Defense
APRIL 17, 2019
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. the “FDCPA”).
FDCPA Defense
AUGUST 22, 2016
There, the collection law firm defendant communicated with plaintiff on a number of occasions, and each time the firm identified itself as a “debt collector,” as required by section 1692e(11) of the FDCPA. Thank You,” without specifically reciting he was a “debt collector.” Hollins Law Firm , _F.3d 3d 859, 871 (D.
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FDCPA Defense
NOVEMBER 11, 2014
Section 1692g of the FDCPA says collectors must provide notice to consumers within five days of the initial communication regarding the debt, stating the amount of the debt, the name of the current creditor, and explaining the consumer’s right to dispute the debt and to obtain verification. See 15 U.S.C.
FDCPA Defense
JANUARY 28, 2012
Lawyers and agency owners are being sued based on the conduct of their clients and their collectors. Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery. What are the limits of vicarious liability under the FDCPA? See, e.g., Perry v.
FDCPA Defense
MARCH 23, 2015
Section 1692f(8) of the FDCPA prohibits a collector from using “any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.”
FDCPA Defense
FEBRUARY 5, 2013
In other words, even though the FTC spent three years analyzing debt buyer data from thousands of portfolios containing nearly 90 million consumer accounts, the FTC Report does not identify a single instance where a debt buyer purchased or used inaccurate data. Report at 23.
FDCPA Defense
MARCH 2, 2014
One method for identifying areas of potential concern, however, is to analyze the recent enforcement actions by the CFPB and other regulators filed against debt buyers and original creditors. The most comprehensive enforcement action against a debt buyer in recent years was brought by the FTC, not the CFPB. million to the FTC.
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