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

MAY 11, 2017

When, if ever, should collection law firms include disclaimers on their collection letters, indicating that no attorney of the firm has reviewed the particular circumstances of the debtor’s file? The defendant attorney “did not make the decision to send a letter to a debtor; Household did.” The answer is unclear.

Law Firms 40

Law Firms Debtor Creditors Collections 40

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. Are You Engaged In “Debt Collection” Under The FDCPA? Cheatham Farms Master HOA , 2018 WL 4297480 (C.D. 3d 290 (6th Cir.

Foreclosure 40

Foreclosure Debt collector Law Firms Debtor 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. 980, 982 (N.D.

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

NCO also agreed not place calls to any telephone number about a particular account if NCO had already been informed by anyone at that number that the debtor cannot be reached at that number or the person does not have location information about the debtor.

Debtor 40

Debtor Banks Original Creditor Collections 40