FDCPA Defense

SEPTEMBER 26, 2017

Can a bank be sued for acting as a “debt collector” under the California Rosenthal Act? You are probably tempted to answer “yes” it can, because you know the Act defines a “debt collector” to include an entity that is collecting on behalf of itself or on behalf of third parties. Code § 1788.2(c) See, e.g., Gold v.

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FDCPA Defense

SEPTEMBER 22, 2018

Can a communication from a collector violate the Fair Debt Collection Practices Act, 15 U.S.C. the “FDCPA”) if it never asks the debtor to pay any money? What exactly does the term “debt collection” mean in the context of the FDCPA? Wells Fargo , 138 S. 2710 (2018). LLC , 704 F.3d LP , 614 F.3d

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FDCPA Defense

FEBRUARY 3, 2019

Attorneys who regularly engage in collection work for community associations have increasingly become targets for lawsuits filed by professional consumer attorneys under the Fair Debt Collection Practices Act (“FDCPA” or “the Act”), 15 U.S.C. Are You A “Debt Collector” Under The FDCPA?

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FDCPA Defense

AUGUST 19, 2013

291 (1995), lawyers have known that if they seek to collect consumer debts for clients – even when doing so through litigation – they might qualify as a "debt collector" under the Fair Debt Collection Practices Act, 15 U.S.C. Other factors also weigh against a finding that Wadas is a "debt collector."

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FDCPA Defense

FEBRUARY 1, 2018

Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process. See Avila , 817 F.3d 3d at 76-77.

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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.

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FDCPA Defense

MAY 27, 2014

Can a consumer be “harmed” if he voluntarily makes a payment on a debt that he admittedly owes? These same points were echoed by the CFPB on March 20, 2013 in its Annual Report To Congress on the Fair Debt Collection Practices Act , where it stated: “Consumer debt collection is critical to the functioning of the consumer credit market.

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