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Does Emailing a Debtor Between 9pm and 8am Violate the FCCPA?

Jimerson Firm

This article seeks to explore whether sending an email to a debtor after 9pm and before 8am violates the FCCPA. 17) prohibits contacting a debtor between the hours of 9pm and 8am. In collecting consumer debts, no person shall: (17) Communicate with the debtor between the hours of 9 p.m. Section 559.72(17), Section 559.72(17)

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Recent Trends and Common Allegations in FCCPA Litigation

Jimerson Firm

Consumer Class Action Lawsuits One of the biggest trends we have seen is consumer lawyers taking a singular violation of the FCCPA and alleging the violation on a class-wide basis. These lawsuits are typically based upon an allegedly improper 3-day notice sent to a tenant/debtor. 17) is broad enough to encompass emails to debtors.

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Brit Suttell Awarded Prestigious Donald Kramer Award

BN Lawyers

s Consumer Financial Service Law Practice Group. Our firm is very proud of Brit’s efforts on behalf of an organization that we have supported since its inception” explained Manuel Newburger, a shareholder and the leader of the firm’s Consumer Financial Services Law Practice Group. About Barron & Newburger, P.C.

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$225,000 Punitive Damages Award Upheld Where Creditor Repeatedly Contacted Customer After Being Notified of Attorney Representation

Troutman Sanders

The defendant offered a “pause” program that allowed the plaintiff to suspend service for up to nine months at a cost of $5 per month, which the plaintiff accepted. The plaintiff’s lawyer sent two faxes to the defendant providing notice that the plaintiff was represented by counsel.

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184 Burr & Forman Attorneys Named Among the 2022 Best Lawyers in America

Burr Forman

Birmingham, Alabama, August 19, 2021 – Burr & Forman LLP announces the inclusion of 184 of its attorneys among the Best Lawyers in America for 2022. One of the oldest and most distinguished legal directories, Best Lawyers conducts peer-review surveys to compile its annual list of top attorneys in a number of practice areas.

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Ambiguous Language in Validation Notice Creates Disputed Issue of Material Fact on Meaningful Attorney Involvement Claim

Consumer Financial Services Law

Specifically, the debtor took issue with a disclosure in the validation notice, which she attached to her complaint, that provided “[i]n making this demand we are relying entirely on information provided by our client.” LEXIS 27837, at *19–21 (E.D.N.Y. communication is from an attorney.” Jackson , 988 F.2d 2d 1314 (2d Cir.

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Supposed Rejection of Arbitration Clause is Rejected

BN Lawyers

A clever debtor was nevertheless unsuccessful in trying to use the Bankruptcy Code to escape a well-drafted arbitration clause contained in a credit card agreement. The bankruptcy Code allows a debtor to reject an executory contract. In Mines v. However, the rejection argument required more analysis. Mines filed a Chapter 7 case.