FDCPA Defense

APRIL 17, 2019

Few things are more fundamental in the law than the principle that a lawyer owes a duty of loyalty to the client, a duty to be vigorous advocate within the bounds of the law, and a duty to maintain the client’s confidences and preserve the attorney-client privilege. Clients expect this of their attorneys, as they should. It makes no sense.

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FDCPA Defense

AUGUST 19, 2013

291 (1995), lawyers have known that if they seek to collect consumer debts for clients – even when doing so through litigation – they might qualify as a "debt collector" under the Fair Debt Collection Practices Act, 15 U.S.C. Click here for more information on what constitutes a "debt" under the FDCPA. Jenkins , 514 U.S. Wadas , _ F.3d

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FDCPA Defense

FEBRUARY 20, 2012

The privilege simply will not work unless the client and the lawyer can be certain that their communications will not be disclosed. 438, 442 (1979) (“Since the founding of the Republic, the licensing and regulation of lawyers has been left exclusively to the States and the District of Columbia within their respective jurisdictions.

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FDCPA Defense

MAY 11, 2017

The disclaimer on the back of the letter completely contradicted the message on the front of the letter-that the creditor had retained the Kay Law Firm and its lawyers to collect the debt.” The Court therefore reversed the district court’s holding that the plaintiff had failed to state a claim for relief under the FDCPA.

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FDCPA Defense

JANUARY 28, 2012

Consumers and their attorneys are constantly seeking to expand the pool of potential FDCPA defendants using principles of vicarious liability. Lawyers and agency owners are being sued based on the conduct of their clients and their collectors. Debt buyers are being sued based on the conduct of their agencies and law firms.

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FDCPA Defense

JULY 20, 2013

Note, however, that these requirements only apply if a “debt buyer” as defined by the Act is writing to the consumer, and they would not apply to any collection agency or lawyer retained by the debt buyer. Code § 1788.52.

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