FDCPA Defense

FEBRUARY 1, 2018

as well as analogous state laws governing the consumer collection process. 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. Riexinger & Associates, LLC , 817 F.3d 3d 72 (2d Cir. 2016) and Carlin v. Davidson Fink LLP , 852 F.3d

Accrued Interest 40

Accrued Interest Foreclosure Debt collector Debtor 40

FDCPA Defense

JULY 20, 2013

The Act only applies to consumer debts that are sold or resold on or after January 1, 2014. 5) The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior to the sale of the debt. at § 1788.50(d). 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

MAY 11, 2017

The agency ( not the attorney) mailed letters to “approximately one million debtors each year” using a computerized mass-mailing system, with a letterhead referencing the defendant – “P.D. The defendant attorney “did not make the decision to send a letter to a debtor; Household did.” 12-14, 18-23. 2017-CFPB-0003 (“Order”) para.

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Law Firms Debtor Creditors Collections 40

FDCPA Defense

JANUARY 22, 2017

You will also want to evaluate all third party interactions that your firm engages in, such as contacts with relatives of the debtor, co-workers, interactions with consumer reporting agencies, and the procedures of the vendors that your firm employs, such as process servers. JQD, LLC , 2014 WL 3404945 (N.D. Collins Fin. Johnson, et al.,

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