Posts tagged with: "FDCPA"
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11 Jul 2016, 8:14 am
District Court for the Eastern District of New York recently granted summary judgment in favor of a debt collector, holding that the debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. [read post]
22 Mar 2021, 7:09 am
Court of Appeals for the Third Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) when it sent a consumer a collection letter inviting her to “eliminate further collection action” by calling the company, when in fact only written communication could legally stop collection activity. [read post]
24 Oct 2016, 8:57 am
Court of Appeals for the Fourth Circuit recently confirmed that a law firm and its employees, who pursued foreclosure on behalf of creditors, were acting as “debt collectors” under the federal Fair Debt Collection Practices Act (FDCPA) when they pursued foreclosure proceedings against a borrower. [read post]
7 Apr 2021, 2:10 pm
Court of Appeals for the Ninth Circuit recently reversed a trial court’s dismissal of allegations that the defendant violated the federal Fair Debt Collection Practices Act (FDCPA) by sending a collection letter threatening litigation over a time-barred or "out-of-statute" debt and filing a lawsuit seeking to collect the debt. [read post]
11 Jul 2019, 8:04 am
In this podcast, we look at the changes to the FDCPA validation notice that the CFPB’s proposed debt collection rules would make and discuss compliance challenges and other issues raised by the changes, including the requirement to itemize the debt, the dispute “tear-off” form, the option to provide Spanish and other foreign language translations of the notice, and electronic delivery of the notice. [read post]
28 Sep 2017, 8:01 am
Court of Appeals for the Eleventh Circuit recently held that a voicemail from a debt collector that merely asks for the debtor to call back constitutes an initial communication under the federal Fair Debt Collection Practices Act (FDCPA) requiring the so-called “mini-Miranda” warning. [read post]
16 Nov 2020, 3:00 pm
The plaintiff filed a complaint alleging violations of the FDCPA and moved for summary judgment. [read post]
24 Nov 2012, 4:22 am
Lawyer fees to your FDCPA lawyer. [read post]
15 Jun 2023, 2:02 pm
Court of Appeals for the Seventh Circuit has ruled that a plaintiff in a putative class action had standing to assert FDCPA claims against the purchaser of her debt and the purchaser’s servicer based on the $3.95 she paid in postage to respond to a second validation letter after she had already responded to the first validation notice.... [read post]
2 Aug 2007, 5:06 am
That is great news for defense counsel in FDCPA litigation. [read post]
17 Jun 2011, 1:27 pm
One possible reason behind these kinds of incidents is because of the obsolete nature of the FDCPA. [read post]
31 Jan 2013, 11:23 pm
The Fair Debt Collection Practices Act (FDCPA) was created for the protection of consumers. [read post]
31 Jul 2011, 6:00 pm
If your rights have been violated, see an experienced consumer attorney for guidance about whether the FDCPA can be of assistance to you. photo: istockphoto.com [read post]
9 Dec 2008, 12:15 pm
Accordingly, the federal court granted the defense motion to dismiss certain claims in the class action complaint, but denied the motion as to the FDCPA claim, id., at 1280.Download PDF file of Gaisser v. [read post]
5 May 2010, 11:01 pm
We have a Frequently Asked Questions (FAQ) on the FDCPA which you are welcome to review. [read post]
3 Jan 2007, 6:40 am
The bottom line is that the FDCPA is more myth, than sword or shield. [read post]
20 May 2012, 8:32 am
It also recognized that placing deadlines with exact time frames such as one week to act or referencing set number of days to act that do not conform with the FDCPA timelines do violate the FDCPA. [read post]
8 Jul 2008, 7:27 am
We have previously talked about how unfair actions of debt collectors violate the FDCPA. [read post]
10 Jul 2017, 9:23 am
” The Subcommittee on Financial Institutions and Consumer Credit will examine nine bills that include bills that would: (1) amend the FDCPA, including by classifying debt buyers as “debt collectors” and subjecting debt collectors for federal agencies to FDCPA requirements, (2) require the GAO to study debt collection practices at the federal, state, and local levels; (3) repeal the CFPB’s UDAAP enforcement authority and raise the CFPB’s large… [read post]
25 Jun 2007, 5:09 am
There is no such requirement under the FDCPA. [read post]
