Posts tagged with: "FDCPA"
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25 Feb 2010, 8:08 am
Hartman Docket: 09-606 Issue: (1) Whether various provisions of the Fair Debt Collection Practices Act are unconstitutional as applied to literally true but potentially misleading representations in pleadings under the First Amendment, Fifth Amendment, and the Commerce Clause; and (2) whether evidence that a debt collector acted in good faith and reasonably under the circumstances qualifies for the FDCPA’s “bona fide error” defense. [read post]
1 Aug 2017, 8:59 am
Courts have been more likely to find standing under the Fair Debt Collection Practices Act (FDCPA), under which plaintiffs are more likely to allege monetary damage, and some courts have viewed the disclosure obligations as substantive protections. [read post]
6 Jan 2012, 8:17 am
Sounds crazy, but both large and small firms alike make term sheet templates, LLC forms, FDCPA defense forms available at their website. [read post]
28 Jul 2022, 12:48 pm
Director Chopra gave interviews this week to several news reporting outlets including American Banker, Law 360, Politico, and Bloomberg. [read post]
9 Jan 2024, 9:05 pm
abstract_id=3451316. [4] See John Rossman, Is There a “Silver Bullet” for Defeating FDCPA and TCPA Claims? [read post]
1 Aug 2017, 8:59 am
Courts have been more likely to find standing under the Fair Debt Collection Practices Act (FDCPA), under which plaintiffs are more likely to allege monetary damage, and some courts have viewed the disclosure obligations as substantive protections. [read post]
26 Aug 2016, 5:00 am
The FTC cautioned that it hoped to avoid “a hyper-technical reading of the [FDCPA] that allows contact only with statutorily mandated, but in reality, non-existent administrators or executors. [read post]
21 Dec 2008, 2:35 pm
Plaintiff’s appeal challenges the district court’s decision, after a bifurcated trial on some claims, to dismiss the remaining federal claims as barred by the oneyear limitations period set forth in the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. [read post]
15 Mar 2012, 6:35 am
In America, we have the Fair Debt Collection Practices Act (FDCPA) powerful consumer-protection statutes that limit collectors’ ability to intimidate customers or extort payment. [read post]
9 Jul 2024, 2:42 am
It’s important to know your rights regarding these communications under the Fair Debt Collection Practices Act (FDCPA). [read post]
10 Feb 2025, 4:52 pm
The Consumer Financial Protection Act and the enumerated consumer laws (TILA, EFTA, FDCPA, FCRA, ECOA, etc.) can only be repealed or amended by act of Congress, and Trump-Musk doesn’t have the votes to change those laws. [read post]
5 Apr 2018, 7:55 pm
RADACK ROBOSIGNER REDUX: Chief of one of many courts of appeal in Texas takes swipe at 2017 CFPB enforcement action against Transworld Systems, Inc. [read post]
9 Sep 2022, 12:30 pm
Eighth Circuit: Yeah, the debt collector may have violated the FDCPA, but the statute exists to protect consumers, and you—random lawyer dude—aren't the kind of plaintiff who can sue to enforce it. [read post]
30 May 2020, 11:39 am
Presidential candidate Joe Biden recently came out in support of Senator Elizabeth Warren’s bankruptcy reform plan, which is somewhat embarrassing because she is basically proposing to nullify the Bankruptcy Reform Act of 2005 championed by Biden. [read post]
5 Dec 2023, 6:00 am
How Do I Respond to a Debt Collection Lawsuit? [read post]
4 May 2022, 8:19 am
Debt collectors were found to have violated the FDCPA provision that prohibits collectors from falsely representing the character, amount, or legal status of any debt by continuing attempts to collect debts and offering settlements after being informed the debts were created through fraud. [read post]
30 Sep 2007, 6:29 am
("LS&R") on Lamar's claim that LS&R violated the notice provisions of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. [read post]
19 Sep 2017, 10:26 pm
So TSI may now see more FDCPA actions filed against it. [read post]
10 Dec 2015, 10:45 am
” And in Sheriff, the cert. petition asks (1) whether special counsel are state “officers” within the meaning of an exception to the Fair Debt Collection Practices Act (FDCPA); and (2) whether it’s “materially misleading under [the FDCPA] for special counsel to use Attorney General letterhead to convey that they are collecting debts owed to the state on behalf of the Attorney General. [read post]
2 Oct 2019, 10:21 am
The Supreme Court has agreed to hear the following cases for the upcoming term. [read post]
