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) 3d 1055, 1065 (9th Cir.
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
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.
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. Frederick J.
FDCPA Defense
FEBRUARY 1, 2018
California law does not allow for a deficiency judgment following non-judicial foreclosure. This means that the foreclosure extinguishes the entire debt even if it results in a recovery of less than the amount of the debt.” The Avila Court also embraced the reasoning used by the Seventh Circuit in Miller v. See Avila , 817 F.3d
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
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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