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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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The “Least Sophisticated Debtor” Is Getting More Sophisticated, And Has An Improved Memory Too

FDCPA Defense

Hollins Law Firm , _F.3d 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. 3d _, 2016 WL 4174747 (9th Cir. Maxwell & Morgan, P.C. ,

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Why Every Lawyer And Client Should Be Fighting To Stop The "Meaningful Attorney Involvement" Doctrine From Spreading

FDCPA Defense

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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Is Your Envelope “Benign” Under The FDCPA?

FDCPA Defense

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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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

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.” 2017) was subject to the FDCPA, because it was not sent solely to enforce a security interest.

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The Limits On Direct And Vicarious Liability Under The FDCPA

FDCPA Defense

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. Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery.

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Can Recent Enforcement Actions Provide Guidance On The CFPB’s Position On UDAAPs?

FDCPA Defense

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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