FDCPA Defense

APRIL 17, 2019

Indeed, the “meaningful attorney involvement” theory has been embraced by the Consumer Financial Protection Bureau (“CFPB”) in its enforcement actions against large creditors’ rights law firms. Your law firm is also named a defendant. Law Offices Of Mitchell N. At the end of that week, however, things go sour.

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FDCPA Defense

DECEMBER 15, 2015

A dismissal may be viewed by the CFPB as an admission of guilt by your firm and your client – an acknowledgment that you never had sufficient evidence to support your claims, and that you did not intend to pursue the case through judgment. This description is too sarcastic, you say? You may be right.

Collections 40

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FDCPA Defense

MAY 21, 2016

The CFPB has entered into consent orders with major creditors, debt buyers and law firms during the past year relating to key areas of their collection practices. Creditors allegedly obtained judgments against consumers for incorrect amounts, and failed to promptly notify consumers or move to vacate judgments.

Government 40

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FDCPA Defense

MARCH 23, 2015

Judgment Enforcement Law Firm, PLLC , 2014 WL 1744268, **3-4 (W.D. 30, 2014) (section 1692f(8) violated by use of name “Judgment Enforcement Law Firm” on envelope); Rutyna v. Courts have held that collectors may violate section 1692f(8) simply by placing their own name on the envelope. See, e.g., Keasey v.

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FDCPA Defense

AUGUST 19, 2013

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

Law Firms 40

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FDCPA Defense

FEBRUARY 1, 2018

California law does not allow for a deficiency judgment following non-judicial foreclosure. This would render meaningless the FDCPA's carefully drawn distinction between debt collectors and enforcers of security interests, and expand the scope of the FDCPA well past the boundary of clear congressional intent and common sense.”

Accrued Interest 40

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FDCPA Defense

JANUARY 22, 2017

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.

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