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. Hollins Law Firm , _F.3d Hollins Law Firm , _F.3d

Debtor 40

Debtor Debt collector Law Firms Accrued Interest 40

FDCPA Defense

APRIL 17, 2019

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. Your law firm is also named a defendant. Law Offices Of Mitchell N. At the end of that week, however, things go sour.

Lawyers 40

Lawyers Creditor's Rights Law Firms Creditors 40

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.

Judgment Enforcement 40

Judgment Enforcement Debtor Law Firms Debt collector 40

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

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.

Debtor 40

Debtor Banks Original Creditor Collections 40

FDCPA Defense

JANUARY 28, 2012

Consumers and their attorneys are constantly seeking to expand the pool of potential FDCPA defendants using principles of vicarious liability. Debt buyers are being sued based on the conduct of their agencies and law firms. 1994) (collector may be vicariously liable under § 1692i of FDCPA where its attorney sues in wrong venue).

Debt collector 40

Debt collector Retrieval 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.

Collections 40

Collections Judgment Creditors Law Firms 40