Debt collector Debtor FDCPA Defense Judgment 
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. Hollins Law Firm , _F.3d
FDCPA Defense
FEBRUARY 1, 2018
One line of cases creates a duty to disclose to the debtor that the amount of the debt may be increasing due to accruing interest, fees or other charges. Two decisions out of the Second Circuit that have sparked a wave of new lawsuits against collectors are Avila v. Riexinger & Associates, LLC , 817 F.3d 3d 72 (2d Cir.
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FDCPA Defense
NOVEMBER 11, 2014
It is impossible to catalogue the manifold ways, some subtle and some not, in which a debt collector may attempt to circumnavigate section 1692g.” 1989) (“The statute is not satisfied merely by inclusion of the required debt validation notice; the notice Congress required must be conveyed effectively to the debtor.
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
JANUARY 28, 2012
What are the limits of vicarious liability under the FDCPA? How can debt collectors avoid liability for the conduct of others? Limits on Direct Liability Before examining vicarious liability under the FDCPA, it is important to remember that Congress significantly limited the scope of direct liability under the Act.
FDCPA Defense
APRIL 17, 2019
The attorney gets to decide, in consultation with the client, and based on the attorney’s professional judgment, what to review and how long to review it before sending a demand letter. In other words, if you are not a lawyer, the FDCPA prohibits you from falsely stating or implying that you are a lawyer. In Clomon v. Jackson , 988 F.2d
FDCPA Defense
MARCH 2, 2014
Telephone harassment, consumer disputes and voice mail messages were a focus of the July 9, 2013 Stipulated Order For Permanent Injunction and Monetary Judgment between the FTC and Expert Global Solutions, Inc., If you want information about your rights when you are contacted by a debt collector, please contact the FTC online at www.ftc.gov.”
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