Consumer Financial Services Law

MARCH 23, 2021

District Court for the Eastern District of New York recently denied cross-motions for summary judgment on a debtor’s claim that a law firm’s validation notice constituted a meaningful attorney involvement violation of the FDCPA. The disclosure at issue placed the law firm in a somewhat awkward position.

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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

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FFGN COLLECT NY

FEBRUARY 10, 2021

That’s why it’s important to hire a reputable collection attorney that knows how to collect B2B debt properly. Hire A Law Firm That Specializes In Collecting B2B Debt. All agencies can do is send letters and call debtors. Filing A Lawsuit for B2B Debt. Collection agencies aren’t lawyers.

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UK debt collections

SEPTEMBER 2, 2021

Litigation comes secondary and can only be initiated after sufficient efforts have been made to recover your debtor’s unpaid dues (i.e. To speed up this process you may choose to hire an experienced French law firm. . Step 1: Your lawyer will send a formal demand letter to your debtor (‘la mise en demeure’).

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Consumer Financial Services Law

FEBRUARY 18, 2019

2013), which joined the Fourth and Fifth Circuits in holding that non-judicial foreclosures are “debt collection” under the FDCPA, the Sixth Circuit held on January 11 that a law firm has an affirmative duty to “stop the clock” on an initiated foreclosure once it receives a §1692g(b) dispute from the debtor. In Scott v.

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Collection Industry News

NOVEMBER 2, 2020

In early 2011, a default judgment was obtained against Barboza. In early 2019, a garnishment action was filed by Pallida in Denton County, Texas to collect on the default judgment. The court also found that the 2010 collection action was filed in the wrong venue and as such, the default judgment was obtained in an improper venue.

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Troutman Sanders

OCTOBER 28, 2020

In early 2011, a default judgment was obtained against Barboza. In early 2019, a garnishment action was filed by Pallida in Denton County, Texas to collect on the default judgment. The court also found that the 2010 collection action was filed in the wrong venue and as such, the default judgment was obtained in an improper venue.

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Collections Law

JULY 1, 2020

Have you lost all hope of recovering a long-overdue debt? You’ve tried everything in your power, but the debtor doesn’t respond or keeps making excuses to buy more time. You might be preparing to write off these dues as bad debts — but there is still light at the end of the tunnel. The Law Offices of Alan M.

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Debt Free Colorado

MARCH 3, 2023

Every case is unique, and every case merits the careful consideration of a law firm dedicated to providing specialized bankruptcy solutions. Those who are no longer able to pay their debts can, however, start over through a legal process. However, how can you tell if your debt issue calls for such a drastic measure?

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Troutman Sanders

FEBRUARY 14, 2022

LPA (Weltman), a law firm tasked with collecting the debt owed by Alina Khimmat, sent information, including Khimmat’s name, address, status as debtor, details of the debt, and other personal information, to a letter vendor hired to assist the firm in collecting the debt.

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Collections Law

MAY 7, 2020

When we win your case, collecting the judgment may be made easier if monies were previously frozen by way of an ex parte bank or trustee attachment. The ex parte bank attachment is also a powerful tool our collections lawyers use to collect post judgment. The second is through what is called a special attachment motion.

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Troutman Sanders

JANUARY 11, 2021

With these holdings, the Seventh Circuit stated that simply alleging a procedural violation, confusion, or annoyance under the FDCPA does not constitute an injury-in-fact and that plaintiffs need to show real harm resulting from their responses to debt collectors’ actions to have Article III standing in federal court. In Bazile v.

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FDCPA Defense

APRIL 17, 2019

Indeed, the “meaningful attorney involvement” theory has been embraced by the Consumer Financial Protection Bureau (“CFPB”) in its enforcement actions against large creditors’ rights law firms. The CFPB is expected to announce proposed debt collection rules in the near future that may incorporate the theory. What is the claim?

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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.”

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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

JANUARY 28, 2012

Debt buyers are being sued based on the conduct of their agencies and law firms. Lawyers and agency owners are being sued based on the conduct of their clients and their collectors. How can debt collectors avoid liability for the conduct of others? What are the limits of vicarious liability under the FDCPA?

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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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