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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. If this can happen to creditors’ rights attorneys and their clients, might you and your clients be next? Your law firm is also named a defendant.

Lawyers 40
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Sixth Circuit Holds Consumer Lacked Standing To Pursue “Meaningful Attorney Involvement” Claim

FDCPA Defense

If a law firm sends a letter seeking to collect the correct amount, from the correct consumer, on behalf of the correct creditor, can the consumer still sue, claiming the firm violated the FDCPA because no attorney was “meaningfully involved” in preparing the letter? Meyer Njus Tanick,P.A., Meyer Njus Tanick,P.A.,

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Searching For The Meaning Of “Meaningful Involvement”

FDCPA Defense

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? In Greco v.

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Consent Order Compliance: Navigating The CFPB’s Unofficial “Rules” Governing Debt Collection

FDCPA Defense

The CFPB has entered into consent orders with major creditors, debt buyers and law firms during the past year relating to key areas of their collection practices. The orders are not formal “rules” from the CFPB, nor are they “binding” on anyone, other than those identified in the orders. Hanna & Associates , Citibank, N.A.,

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Is Your Envelope “Benign” Under The FDCPA?

FDCPA Defense

Judgment Enforcement Law Firm, PLLC , 2014 WL 1744268, **3-4 (W.D. 30, 2014) (section 1692f(8) violated by use of name “Judgment Enforcement Law Firm” on envelope); Rutyna v. Courts have held that collectors may violate section 1692f(8) simply by placing their own name on the envelope. See, e.g., Keasey v. 980, 982 (N.D.

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The Limits On Direct And Vicarious Liability Under The FDCPA

FDCPA Defense

Consumers and their attorneys are constantly seeking to expand the pool of potential FDCPA defendants using principles of vicarious liability. Debt buyers are being sued based on the conduct of their agencies and law firms. For this reason, original creditors are not subject to the FDCPA (except in very limited circumstances).

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The CFPB's Plans For The Collection Industry

FDCPA Defense

If you are a collection professional working for a creditor, debt buyer, collection agency or collection law firm, and you have not yet added the website for the Consumer Financial Protection Bureau (CFPB) to the favorites on your web browser, it is high time that you do so.