FDCPA Defense

AUGUST 22, 2016

Courts apply the very pro-consumer “least sophisticated debtor” standard when evaluating a collector’s communications, and most violations of the Act are “strict liability” – meaning the debtor can win the case without proving the collector intended to violate the statute.

Debtor 40

Debtor Debt collector Law Firms Accrued Interest 40

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. If this can happen to creditors’ rights attorneys and their clients, might you and your clients be next? the “FDCPA”). 1692, et seq.

Lawyers 40

Lawyers Creditor's Rights Law Firms Creditors 40

FDCPA Defense

MAY 11, 2017

When, if ever, should collection law firms include disclaimers on their collection letters, indicating that no attorney of the firm has reviewed the particular circumstances of the debtor’s file? What role, if any, should a creditor client play in setting standards for the attorneys who collect on its behalf?

Law Firms 40

Law Firms Debtor Creditors Collections 40

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. 1692g(a)(1), (2). 1692g(a)(5).

Debt collector 40

Debt collector Debtor Creditors Original Creditor 40

FDCPA Defense

JULY 20, 2013

Scope Of The Act The Act only applies to debt buyers: it does not apply to creditors, collection agencies or collection attorneys. 4) The name and an address of the charge-off creditor at the time of charge off, and the charge-off creditor’s account number associated with the debt. Code § 1788.52. at § 1788.52(b).

Debtor 40

Debtor Creditors Judgment Collections 40

FDCPA Defense

MAY 6, 2014

In its Bulletin issued in July 2013 , the CFPB took the position that creditors, debt buyers and third-party collectors often make representations to consumers about credit-related issues in order to persuade them to pay. Equifax Check Services, Inc., 3d 410, 418 (7th Cir.

Creditworthiness 40

Creditworthiness Debtor Debt collector Consumer Credit 40

FDCPA Defense

MARCH 23, 2015

Under her literal reading of § 1692f(8), a debtor's address and an envelope's pre-printed postage would arguably be prohibited, as would any innocuous mark related to the post, such as ‘overnight mail’ and ‘forwarding and address correction requested.’” American Collections Enter., 3d 488, 492 (5th Cir. NCB Collection Servs., 1298, 1305 (D.

Judgment Enforcement 40

Judgment Enforcement Debtor Law Firms Debt collector 40