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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

Determining the line between foreclosure activity and debt collection, however, can be elusive. 17- 278) was whether notices sent by a trustee as required to initiate a non-judicial foreclosure under California law violated the FDCPA. The Avila Court also embraced the reasoning used by the Seventh Circuit in Miller v.

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When Is A Lawyer Or Law Firm "Regularly" Collecting Debts Under The FDCPA?

FDCPA Defense

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. Click here for more information on what constitutes a "debt" under the FDCPA.

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Avoiding Overshadowing Claims

FDCPA Defense

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.