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.” The First Circuit recently observed: “Overshadowing is rarely a black-or-white proposition: there are many shades of gray. Law Office of Mandy L. Spaulding , 766 F.3d 3d 98, 106 (1st Cir.

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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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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

MAY 11, 2017

2016) (no FDCPA violation where law firm used Greco disclaimer on front of letter stating: “Please be advised that we are acting in our capacity as a debt collector and at this time, no attorney with our law firm has personally reviewed the particular circumstances of your account.”). Dufek , 830 F.3d 3d 523 (D.C.

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FDCPA Defense

APRIL 17, 2019

You can read the entire FDCPA from front to back, however, and you will not find the term “meaningful attorney involvement” defined or even mentioned anywhere in the statute. In other words, if you are not a lawyer, the FDCPA prohibits you from falsely stating or implying that you are a lawyer.

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FDCPA Defense

MARCH 2, 2014

If NCO concludes that the consumer does not owe the debt, it must within fifteen (15) days inform the consumer of this conclusion, request deletion of the tradeline, cease collection efforts and not sell or transfer the debt. NCO also agreed to judgment for a civil penalty totaling $3.2 JPMorgan Bank and Trust Company, N.A.,

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FDCPA Defense

AUGUST 16, 2012

In it, the CFPB explains that it now has primarily responsibility for administering the FDCPA, including rulemaking and supervisory authority, and that it now shares overall enforcement authority with the FTC and other federal agencies.

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FDCPA Defense

JUNE 9, 2012

The knowing failure to communicate that a "disputed" debt is disputed is a violation of section 1692e(8). 1998) (section 1692e(8) "requires a debt collector who knows or should know that a given debt is disputed to disclose its disputed status to persons inquiring about a consumer's credit history.") (emphasis added); Sunga v.

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FDCPA Defense

AUGUST 22, 2016

There, the collection law firm defendant communicated with plaintiff on a number of occasions, and each time the firm identified itself as a “debt collector,” as required by section 1692e(11) of the FDCPA. Thank You,” without specifically reciting he was a “debt collector.” Hollins Law Firm , _F.3d 3d 859, 871 (D.

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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 5, 2013

Debt buyers typically do not attempt collections on all accounts they purchase, do not usually realize recoveries on every account for which collections are attempted, and do not typically recover the full face value on accounts for which they do realize recoveries. Report at 23.

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