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

FDCPA Defense

But how often must a lawyer or a law firm engage in consumer debt collection activities before they are subject to the Act? This question has taken on increasing importance in recent years as more law firms have integrated collection work into their existing practices. See Wadas , 2013 WL 3928631, at *5. Frankel , 197 F.3d

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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

Determining the line between foreclosure activity and debt collection, however, can be elusive. 17- 278) was whether notices sent by a trustee as required to initiate a non-judicial foreclosure under California law violated the FDCPA. 2017), a putative FDCPA class action filed against a law firm.

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For Attorneys Representing Community Associations: A Primer On FDCPA Class Actions And How To Avoid Them

FDCPA Defense

As you evaluate your firm’s risk to these cases, you will want to review every consumer-facing interaction of the firm top to bottom, including any letter forms utilized, your standard telephone practices and voicemail messages, the complaints, pleadings, discovery requests, and the post-judgment collection practices you employ.