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What Are “Actual Damages” Under the FCCPA and the FDCPA?

Jimerson Firm

2015) (holding a plaintiff may recover actual damages for emotional distress, including stress, anxiety, and sleeplessness under the FDCPA and FCCPA); Fini v. 2015), the plaintiffs were each entitled to $50,000 in actual damages for emotional distress for the defendant’s violations of the FDCPA and the FCCPA. Bank of America, N.A. ,

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. On April 12, the Federal Reserve Board (Board) announced that it is accepting applications for membership on the Community Advisory Council (CAC).

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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

Determining the line between foreclosure activity and debt collection, however, can be elusive. 17- 278) was whether notices sent by a trustee as required to initiate a non-judicial foreclosure under California law violated the FDCPA. California law does not allow for a deficiency judgment following non-judicial foreclosure.

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For Attorneys Representing Community Associations: A Primer On FDCPA Class Actions And How To Avoid Them

FDCPA Defense

2015) (district court abused discretion certifying FDCPA class “by failing to conduct rigorous analysis. 2015) (reversing certification of FDCPA class where, inter alia , to resolve plaintiff’s theory of liability, every state-court collection lawsuit needed to be reviewed). Kovitz Shifrin Nesbit , 2015 WL 74069 (N.D.