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District Court Reduces Request for Attorneys’ Fees in FDCPA Suit by More than Half in Response to Litigated Offer of Judgment

Troutman Sanders

in attorneys’ fees after accepting an offer of judgment as to claims under the Fair Debt Collections Practices Act (“FDCPA”). The claim at issue concerned a September 11, 2017 collection letter sent by Monarch Recovery Management (“Monarch”) indicating that Gould owed a debt that totaled $932.30

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9th Cir. Reverses Trial Court Ruling in Favor of Defendant on FDCPA Claim Related to Bankruptcy

Collection Industry News

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.

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

FDCPA Defense

The attorney gets to decide, in consultation with the client, and based on the attorney’s professional judgment, what to review and how long to review it before sending a demand letter. The “meaningful attorney involvement” doctrine evolved out of the Fair Debt Collection Practices Act, 15 U.S.C. 2017-CFPB-0003.

Lawyers 40
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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. 2017), petition for cert. 21, 2017) (No.