Posts tagged with: "FDCPA"
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11 Jan 2019, 10:12 am
In 1978 Congress passed the Fair Debt Collection Practices Act (FDCPA) to eliminate abusive practices and regulate the debt collection industry. [read post]
26 Apr 2011, 12:27 pm
If the creditor knew about the bankruptcy, which is likely, then your bankruptcy attorney can actually sue the creditor for monetary damages due to FDCPA violations. [read post]
27 Sep 2022, 9:26 am
Court of Appeals for the Third Circuit recently affirmed a trial court’s dismissal of a putative class action complaint alleging that the defendant debt buyer violated the federal Fair Debt Collection Practices Act (FDCPA) by trying to collect interest supposedly in excess of limits imposed under Pennsylvania law. [read post]
9 Jul 2015, 5:21 am
Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a debtor’s federal Fair Debt Collection Practices Act (FDCPA), federal Fair Credit Reporting Act (FCRA), and state law claims where a debt collector for a major bank pulled the debtor’s credit report and served a garnishment summons after the debtor allegedly […]Andrew Chan [read post]
29 Mar 2016, 4:08 pm
Gillie [transcript, PDF] the court heard arguments [SCOTUSblog backgrounder] on whether the special counsel attorneys appointed by the attorney general to collect debts owed to the state are "state officers" under the meaning of the Federal Debt Collection Practices Act (FDCPA) [materials]. [read post]
17 May 2016, 11:42 am
Supreme Court held that attorneys retained as independent contractors by the Ohio Attorney General to collect debts owed to the state do not violate the federal Fair Debt Collection Practices Act (FDCPA) when sending collection letters on Attorney General letterhead. [read post]
13 Oct 2007, 10:04 am
As I previously wrote, the Fair Debt Collection Practices Act (”FDCPA”), 15 U.S.C. 1692d makes it unlawful for a debt collector to engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. [read post]
4 May 2011, 6:20 am
If the creditor knew about the bankruptcy, which is likely, then your bankruptcy attorney can actually sue the creditor for monetary damages due to FDCPA violations. [read post]
17 Nov 2014, 10:51 am
It has been several months since the Eleventh Circuit handed down its decision holding that filing a proof of claim on “time-barred” debt violates the FDCPA. [read post]
31 Aug 2018, 6:44 am
Best appeals the dismissal of his First Amended Complaint against the law firm of Cohn, Goldberg & Deutsch, LLC (“Cohn”), in which he alleges violations of the Fair Debt Collection Practices Act (“FDCPA”) and the Maryland Consumer Debt ... [read post]
7 Feb 2022, 12:36 pm
The federal Fair Debt Collection Practices Act (“FDCPA”) prohibits debt collectors from engaging in abusive, harassing, and unfair debt collection practices. [read post]
26 Mar 2012, 12:25 pm
Motz), allowed a Fair Debt Collection Practices Act (FDCPA) claim to proceed against a law firm that attempted to collect a debt after the debt had been discharged in bankruptcy. [read post]
2 May 2012, 10:58 am
In short, the advice is to know your rights, get everything in writing, send a cease and desist letter, negotiate if you have the money to pay, record phone calls (our caveat: if it’s allowed in your state), and call an attorney who knows the FDCPA. [read post]
21 Apr 2010, 8:28 am
Carlisle [Cornell LII backgrounder; JURIST report] that a debt collector's legal error does not qualify for the bona fide error defense under the Fair Debt Collection Practices Act (FDCPA) [15 USC § 1692 text, PDF]. [read post]
30 Mar 2012, 6:13 am
Guy, Hal, Katherine & Rob bring you the following: –Trade Association Value –NCUA Board –Fraud prevention updates –CFPB report on FDCPA –FinCEN hijinx –Big K Roundup Subcribe to the show via iTunes Music Store:http://phobos.apple.com/WebObjects/MZStore.woa/wa/viewPodcast? [read post]
5 Apr 2012, 2:18 am
The US Federal Trade Commission (FTC) recently published its annual report on the Fair Debt Collection Practices Act (FDCPA). [read post]
25 Apr 2017, 7:20 am
Small Business Administration in a Federal Debt Collection Procedures Act (FDCPA) lawsuit the SBA filed against a loan guarantor to satisfy a default judgment assigned to it after the guarantor disclaimed an inheritance to avoid […] Amy Jonker [read post]
18 Jul 2017, 6:02 am
Court of Appeals for the Fifth Circuit recently affirmed summary judgment under the Fair Debt Collection Practices Act (FDCPA) in favor of the debtor and against a debt collector, where the debt collector failed to mark the debtor’s account as disputed when it credit reported the account. [read post]
28 May 2009, 10:13 am
Heffernan, Partner In February 2009, the Federal Trade Commission (FTC) issued its annual report to Congress summarizing the administrative and enforcement actions the FTC took under the Fair Debt Collection Practices Act (FDCPA) during the past [...] [read post]
15 Jun 2023, 7:11 am
Brown, the depositions in question were of a CFPB witness taken in the CFPB’s enforcement action against 18 defendants that alleged the defendants had engaged in or substantially assisted a fraudulent debt collection scheme in violation of the CFPA and the FDCPA. [read post]
