FDCPA Defense

NOVEMBER 11, 2014

If a written dispute is sent by the consumer, the collector must cease further collection efforts until it provides the consumer with verification of the debt, a copy of a judgment, or, if it has been requested, the name and address of the original creditor. 1692g(a)(4). at § 1692g(a)(4), (5).

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Debt collector Debtor Creditors Original Creditor 40

FDCPA Defense

MARCH 2, 2014

Telephone harassment, consumer disputes and voice mail messages were a focus of the July 9, 2013 Stipulated Order For Permanent Injunction and Monetary Judgment between the FTC and Expert Global Solutions, Inc., NCO also agreed to judgment for a civil penalty totaling $3.2 f/k/a NCO Group, Inc. (“NCO”). and Chase Bank USA, N.A.

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Debtor Banks Original Creditor Collections 40

FDCPA Defense

FEBRUARY 1, 2018

California law does not allow for a deficiency judgment following non-judicial foreclosure. And this it did not do, directly or otherwise. The object of a non-judicial foreclosure is to retake and resell the security, not to collect money from the borrower. at 571-72 (citations omitted).

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FDCPA Defense

JANUARY 28, 2012

In Clark , the Ninth Circuit affirmed summary judgment for an attorney, because there was no evidence that he exercised control over the actions of his client. A collector will not, however, be held vicariously liable for the FDCPA violations of its collection attorney if the collector did not exercise control over the attorney.

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FDCPA Defense

JUNE 9, 2012

2010) (affirming judgment for furnisher on section 1681s-2(b) claim where consumer failed to prove "actual inaccuracy" in credit report); Noel v. The holding in Gorman dovetails with decisions of courts around the country which have also required consumers to prove a material dispute in order to prevail under section 1681s-2(b) of the FCRA.

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FDCPA Defense

AUGUST 19, 2013

The Act defines a "debt" as "any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment."

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FDCPA Defense

AUGUST 22, 2016

Although the trial court felt this was only a “ de minimus ” violation of section 1692e(11), it entered judgment in favor of Davis. The Court observed that the overarching purpose of the FDCPA “is to prevent debt collection actions that frustrate consumers' ability to chart a course of action in response to a collection effort.”

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Debtor Debt collector Law Firms Accrued Interest 40

FDCPA Defense

FEBRUARY 5, 2013

No Evidence That Debt Buyers Sue Or Threaten To Sue On Time-Barred Debt Although the FTC repeated its concern that "consumers will be subject to a default judgment on a time-barred debt" the Report itself provides zero evidence that this has occurred.

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