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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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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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Why Every Lawyer And Client Should Be Fighting To Stop The "Meaningful Attorney Involvement" Doctrine From Spreading

FDCPA Defense

The “meaningful attorney involvement” doctrine evolved out of the Fair Debt Collection Practices Act, 15 U.S.C. the “FDCPA”). You can read the entire FDCPA from front to back, however, and you will not find the term “meaningful attorney involvement” defined or even mentioned anywhere in the statute. 1692, et seq.

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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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Searching For The Meaning Of “Meaningful Involvement”

FDCPA Defense

If you have read the Fair Debt Collection Practices Act, 15 U.S.C. FDCPA”), from beginning to end, you are probably still looking for the phrase “meaningful involvement.” If the requirement for “meaningful involvement” is truly meaningful, can it safely be disclaimed away? 1692, et seq.

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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process.

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Trends In FDCPA Litigation Filed Against HOA Attorneys

FDCPA Defense

Attorneys who regularly engage in collection work for community associations have increasingly become targets for lawsuits filed by professional consumer attorneys under the Fair Debt Collection Practices Act (“FDCPA” or “the Act”), 15 U.S.C. and analogous state laws.