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Ninth Circuit Partially Reverses Grant of Summary Judgment in Favor of Debt Collector in FDCPA Case

Troutman Sanders

In doing so, it held that a collection letter, which indicated that the debtor could only dispute the underlying debt in writing, violated the FDCPA. The plaintiff, Jeffrey Almada, allegedly owed money to a homeowner’s association, which retained the defendant, the Krieger Law Firm, A.P.C. Emphasis in the original).

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How to Remove Collection Accounts from Your Credit Reports

Credit Corp

If you have a lot of inaccurate collection accounts on your report, you might need help from a credit repair firm like Lexington Law Firm. You can also contact the original creditor to get this information. This escalation means the creditor may take further action to collect the debt.

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The Limits On Direct And Vicarious Liability Under The FDCPA

FDCPA Defense

Debt buyers are being sued based on the conduct of their agencies and law firms. Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery. For this reason, original creditors are not subject to the FDCPA (except in very limited circumstances).

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Can Recent Enforcement Actions Provide Guidance On The CFPB’s Position On UDAAPs?

FDCPA Defense

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. Enforcement actions filed against original creditors can also provide guidance to debt buyers and other collectors about areas of CFPB concern.

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The “Least Sophisticated Debtor” Is Getting More Sophisticated, And Has An Improved Memory Too

FDCPA Defense

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. Hollins Law Firm , _F.3d Hollins Law Firm , _F.3d

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For Attorneys Representing Community Associations: A Primer On FDCPA Class Actions And How To Avoid Them

FDCPA Defense

As you evaluate your firm’s risk to these cases, you will want to review every consumer-facing interaction of the firm top to bottom, including any letter forms utilized, your standard telephone practices and voicemail messages, the complaints, pleadings, discovery requests, and the post-judgment collection practices you employ.