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Is A Bank A “Debt Collector” Under California’s Rosenthal Act? Maybe Not.

FDCPA Defense

Unlike the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et. seq. , (“FDCPA”), which, generally speaking, only applies to third party debt collectors, the Rosenthal Act broadly defines a “debt collector” to include persons or entities that collect on behalf of themselves or others.

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Is It “Debt Collection” If You Never Asked For Money?

FDCPA Defense

Can a communication from a collector violate the Fair Debt Collection Practices Act, 15 U.S.C. the “FDCPA”) if it never asks the debtor to pay any money? What exactly does the term “debt collection” mean in the context of the FDCPA?

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The CFPB's Plans For The Collection Industry

FDCPA Defense

The CFPB has several other methods that it plans to employ to supervise or otherwise regulate members of the collection industry, and some of them are discussed below. On March 20, 2012, the CFPB issued its first Annual Report to Congress on the Fair Debt Collection Practices Act.

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Will You Know A “Dispute” When You See It?

FDCPA Defense

See Fair Debt Collection Practices Act, CFPB Annual Report 2015. The CFPB has also imposed new requirements for handling disputed debts in recent enforcement proceedings. The September 2015 consent orders with Encore Capital Group, Inc.

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Why The CFPB's Position On Time-Barred Debt Is Bad For Consumers

FDCPA Defense

More importantly, however, by providing compensation to creditors when consumers do not repay their debts, the debt collection system helps keep credit prices low and helps ensure that consumer credit remains widely available.” See Executive Summary, p.

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The Limits On Direct And Vicarious Liability Under The FDCPA

FDCPA Defense

Courts have recognized that shareholders, officers or employees of a corporate debt collector may not be directly liable under the FDCPA, unless the plaintiff can meet the strict requirements necessary to pierce the corporate veil. See, e.g., White v. Goodman , 200 F.3d 3d 1016, 1019 (7th Cir.

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When Is A Lawyer Or Law Firm "Regularly" Collecting Debts Under The FDCPA?

FDCPA Defense

291 (1995), lawyers have known that if they seek to collect consumer debts for clients – even when doing so through litigation – they might qualify as a "debt collector" under the Fair Debt Collection Practices Act, 15 U.S.C. Jenkins , 514 U.S.