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. On appeal, the Ninth Circuit reversed.

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FDCPA Defense

JULY 20, 2013

Under the new Act, however, if a debt buyer wants to send a letter to a consumer, it must already have possession of, or access to, all the documents and information it will need to obtain a default judgment against the consumer. Code § 1788.52. at § 1788.52(b). a) and (b) of the Act. a) and (b) of the Act. Code § 1788.52(c).

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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. 1993), a collection agency sent letters to “approximately one million debtors each year” using a computerized mass-mailing system, on letterhead listing “P.D.

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FDCPA Defense

MARCH 23, 2015

Judgment Enforcement Law Firm, PLLC , 2014 WL 1744268, **3-4 (W.D. 30, 2014) (section 1692f(8) violated by use of name “Judgment Enforcement Law Firm” on envelope); Rutyna v. Courts have held that collectors may violate section 1692f(8) simply by placing their own name on the envelope. See, e.g., Keasey v. 980, 982 (N.D. 1298, 1305 (D.

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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. , In Durkin v.

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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

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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., NCO also agreed to judgment for a civil penalty totaling $3.2 f/k/a NCO Group, Inc. (“NCO”). and Chase Bank USA, N.A.

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