FDCPA Defense

NOVEMBER 11, 2014

Finally, the notice must contain “a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.” 1692g(a)(5). at § 1692g(a)(4), (5). at § 1692g(b). Pollard , 766 F.3d

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FDCPA Defense

JANUARY 28, 2012

Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery. What are the limits of vicarious liability under the FDCPA? For this reason, original creditors are not subject to the FDCPA (except in very limited circumstances).

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FDCPA Defense

MARCH 2, 2014

One method for identifying areas of potential concern, however, is to analyze the recent enforcement actions by the CFPB and other regulators filed against debt buyers and original creditors. Enforcement actions filed against original creditors can also provide guidance to debt buyers and other collectors about areas of CFPB concern.

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FDCPA Defense

JANUARY 22, 2017

2016) (collection complaints violated FDCPA where they alleged debt would be “considered valid” if not disputed within 30 days of the date of the complaint); Tourgeman v. 2014) (collection complaints violated the FDCPA where they identified incorrect “original” creditor that had made the loans to class members); McCollough v.

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FDCPA Defense

JUNE 9, 2012

2009) (letter describing debt, which included interest applied by original creditor, as the "principal" amount owed to collector did not violate section 1692e: "If a statement would not mislead the unsophisticated consumer, it does not violate the FDCPA - even if it is false in some technical sense."); Miller v.

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FDCPA Defense

AUGUST 22, 2016

3d at 645-46 (the “unsophisticated consumer, with a reasonable knowledge of her account’s history, would have little trouble concluding that the ‘principal balance’ included interest charged by [the original creditor].”); McNair v. [iii] See Wahl , 556 F.3d Maxwell & Morgan, P.C. , 3d 859, 871 (D.

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