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

NOVEMBER 11, 2014

If a written dispute is sent by the consumer, the collector must cease further collection efforts until it provides the consumer with verification of the debt, a copy of a judgment, or, if it has been requested, the name and address of the original creditor. 1692g(a)(4). at § 1692g(a)(4), (5). Southern Oregon Credit Servs, Inc. ,

Debt collector 40

Debt collector Debtor Creditors Original Creditor 40

FDCPA Defense

JANUARY 22, 2017

As you evaluate your firm’s risk to these cases, you will want to review every consumer-facing interaction of the firm top to bottom, including any letter forms utilized, your standard telephone practices and voicemail messages, the complaints, pleadings, discovery requests, and the post-judgment collection practices you employ. LLC , 817 F.3d

Collections 40

Collections Judgment Creditors Law Firms 40