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? See, e.g., Ho v. ReconTrust Co., NA , 840 F.3d 2710 (2018).

Foreclosure 40

Foreclosure Collections Debtor Debt collector 40

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. 2012) (intent of debtor at time of purchase controls). NA , 840 F.3d

Foreclosure 40

Foreclosure Debt collector Law Firms Debtor 40

FDCPA Defense

MAY 11, 2017

If you have read the Fair Debt Collection Practices Act, 15 U.S.C. FDCPA”), from beginning to end, you are probably still looking for the phrase “meaningful involvement.” For example, in Clomon the defendant, an attorney, was a part-time general counsel of a collection agency. 1692, et seq. Kay , 650 F.3d

Law Firms 40

Law Firms Debtor Creditors Collections 40

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. Riexinger & Associates, LLC , 817 F.3d

Accrued Interest 40

Accrued Interest Foreclosure Debt collector Debtor 40

FDCPA Defense

APRIL 17, 2019

The “meaningful attorney involvement” doctrine evolved out of the Fair Debt Collection Practices Act, 15 U.S.C. the “FDCPA”). 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. 1692, et seq.

Lawyers 40

Lawyers Creditor's Rights Law Firms Creditors 40

FDCPA Defense

JANUARY 28, 2012

Courts have recognized that shareholders, officers or employees of a corporate debt collector may not be directly liable under the FDCPA, unless the plaintiff can meet the strict requirements necessary to pierce the corporate veil. See, e.g., White v. Goodman , 200 F.3d 3d 1016, 1019 (7th Cir. 3d 433, 437-38 (6th Cir.

Debt collector 40

Debt collector Retrieval Creditors Original Creditor 40