FDCPA Defense

AUGUST 22, 2016

Courts apply the very pro-consumer “least sophisticated debtor” standard when evaluating a collector’s communications, and most violations of the Act are “strict liability” – meaning the debtor can win the case without proving the collector intended to violate the statute.

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Debtor Debt collector Law Firms Accrued Interest 40

FDCPA Defense

SEPTEMBER 22, 2018

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? The circuit courts have reached different conclusions on whether a “debt collection” communication must make a demand on the debtor for payment of money in order to be subject to the FDCPA.

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FDCPA Defense

FEBRUARY 3, 2019

2012) (intent of debtor at time of purchase controls). Most courts have held that fines imposed by HOAs are not “debts” covered by the FDCPA. Kansas 2014) (HOA fines not debts under FDCPA); Mlnarik v. to pay money,” non-judicial foreclosure is not covered under FDCPA) (citations omitted), pet. Alexander, et al 698 F.3d

Foreclosure 40

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FDCPA Defense

MAY 11, 2017

The agency ( not the attorney) mailed letters to “approximately one million debtors each year” using a computerized mass-mailing system, with a letterhead referencing the defendant – “P.D. The defendant attorney “did not make the decision to send a letter to a debtor; Household did.” Kay , 650 F.3d 3d 993 (3d Cir.

Law Firms 40

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FDCPA Defense

FEBRUARY 1, 2018

One line of cases creates a duty to disclose to the debtor that the amount of the debt may be increasing due to accruing interest, fees or other charges. To avoid confusion to the debtor, the Avila Court held that use of the “safe harbor” language from the Miller case would be sufficient. Riexinger & Associates, LLC , 817 F.3d

Accrued Interest 40

Accrued Interest Foreclosure Debt collector Debtor 40

FDCPA Defense

MAY 6, 2014

The Ninth Circuit rejected the consumer’s claim that the letter violated sections 1692e, 1692e(5) and 1692e(10) of the FDCPA, noting that: “The body of the notice was informational, notifying Wade that failure to pay could adversely affect her credit reputation….The Equifax Check Services, Inc., 3d 410, 418 (7th Cir. 2d 896 (N.D. 558, 566 (D.

Creditworthiness 40

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FDCPA Defense

JULY 20, 2013

Information Required Before Writing To Consumers The Act regulates information that a debt buyer must possess, and documentation that the debt buyer must have access to, before the debt buyer makes “any written statement to the debtor in an attempt to collect a consumer debt.” Code § 1788.52. at § 1788.52(b). a) and (b) of the Act.

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