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

FDCPA Defense

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.

Lawyers 40
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Searching For The Meaning Of “Meaningful Involvement”

FDCPA Defense

When, if ever, should collection law firms include disclaimers on their collection letters, indicating that no attorney of the firm has reviewed the particular circumstances of the debtor’s file? 2005), the letter was on the law firm letterhead, but was not signed by any attorney. The answer is unclear. In Greco v.

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Sixth Circuit Holds Consumer Lacked Standing To Pursue “Meaningful Attorney Involvement” Claim

FDCPA Defense

If a law firm sends a letter seeking to collect the correct amount, from the correct consumer, on behalf of the correct creditor, can the consumer still sue, claiming the firm violated the FDCPA because no attorney was “meaningfully involved” in preparing the letter? Meyer Njus Tanick,P.A., 3d_, 2020 WL 35431 (6th Cir.

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Trends In FDCPA Litigation Filed Against HOA Attorneys

FDCPA Defense

Are You Engaged In “Debt Collection” Under The FDCPA? Even where a “debt” is involved, there is still the question of whether you or your law firm are engaged in “debt collection” under the FDCPA. This may turn not only on what you are saying or doing, but the context in which the FDCPA claim arises. See Heintz v.

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Can The CFPB Make Debt Collectors Reveal Their Attorney-Client Privileged Documents?

FDCPA Defense

The CFPB claims to have the right to obtain privileged documents from all “supervised institutions” as well as from any “service provider” (such as a law firm or collection agency) who performs material services for a supervised institution. The answer may depend on who you ask. Wrong again.

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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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Consent Order Compliance: Navigating The CFPB’s Unofficial “Rules” Governing Debt Collection

FDCPA Defense

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. The orders are not formal “rules” from the CFPB, nor are they “binding” on anyone, other than those identified in the orders.