Posts tagged with: "FDCPA"
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18 Nov 2008, 12:04 pm
Class Action Claims not Rendered Moot by Rule 68 Offer of Judgment to Settle Individual Claims of Named Plaintiffs so long as Plaintiffs have not Delayed in Seeking Class Action Treatment of Litigation Ohio Federal Holds Two class action lawsuits were filed against the law firm of Cheek & Zeehandelar, a consumer debt collection firm, alleging violations of the federal Fair Debt Collection Practices Act (FDCPA) and Ohio's Consumer Sales Practices Act (CSPA); the class… [read post]
7 Nov 2016, 5:12 am
CFPB examiners determined that “one or more entities” failed to provide adequate guidance and training to staff regarding differentiating FCRA disputes from general customer inquiries, complaints, or FDCPA debt validation requests. [read post]
8 Mar 2010, 10:07 am
Justice Sotomayor, writing for the Court, joined in full by six Justices and in part by Justices Scalia and Thomas, the U.S. [read post]
19 Sep 2018, 12:28 pm
Hot topics include: ACA case on the FCC’s Order on TCPA; the Ninth Circuit’s ruling was considering a big win for the industry but questions remain on how this impacts the residential mortgage industry CFPB ceasing enforcement actions created from UDAAP violations Final revisions to TRID FDCPA violations and its impact on bankruptcy, defaults, foreclosures in the residential mortgage space Statute of limitations with hotbed jurisdictions (Texas, Florida, New… [read post]
15 Mar 2010, 12:58 pm
I, Gary Nitzkin, will continue to write this blog coaching debt collectors on how to avoid violating the FDCPA and the FCRA. [read post]
17 Jun 2012, 2:00 am
” The lawsuit charges that First National Collection Bureau violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behaviors; by using false, deceptive, or misleading representation to collect a debt; by misrepresenting the character, amount, and legal status of the debt; and by failing to send a validation notice. [read post]
18 Oct 2018, 11:30 am
Hot topics include: ACA case on the FCC’s Order on TCPA; the Ninth Circuit’s ruling was considering a big win for the industry but questions remain on how this impacts the residential mortgage industry CFPB ceasing enforcement actions created from UDAAP violations Final revisions to TRID FDCPA violations and its impact on bankruptcy, defaults, foreclosures in the residential mortgage space Statute of limitations with hotbed jurisdictions (Texas, Florida, New… [read post]
9 Apr 2012, 7:06 pm
" While forward flow agreements may advance business interests by cutting corners, they appear to be damning evidence showing that debt buyers not only lack necessary proof, but also may be violating the Fair Debt Collection Practices Act (FDCPA) in the process [read post]
9 Mar 2007, 8:28 am
On the other hand, finally, the "best" comment comes from "Fourth Amendment and FDCPA" who writes: Words aren't enough to express the relief and jubilation that the federal courts have at last learned to read the plain language of the Constitution. [read post]
31 May 2012, 2:00 am
The lawsuit charges that Regional Adjustment Bureau violated the Fair Debt Collection Practices Act (FDCPA) by contacting third parties for purposes other than location information, by talking to third parties about a debt, by engaging in harassing behavior, by using deception, by misrepresenting the legal status of the debt, by threatening to place a lien on our client’s property, by threatening to take legal action without intending to do so, and by failing to send a letter within… [read post]
8 Jun 2012, 2:00 am
The lawsuit charges that Cawley & Bergmann violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by using profane and abusive language; by misrepresenting the legal status of the debt; by threatening to take legal action without intending to do so; and for failing to send a validation notice. [read post]
18 Oct 2018, 11:30 am
Hot topics include: ACA case on the FCC’s Order on TCPA; the Ninth Circuit’s ruling was considering a big win for the industry but questions remain on how this impacts the residential mortgage industry CFPB ceasing enforcement actions created from UDAAP violations Final revisions to TRID FDCPA violations and its impact on bankruptcy, defaults, foreclosures in the residential mortgage space Statute of limitations with hotbed jurisdictions (Texas, Florida, New… [read post]
6 Jan 2017, 12:46 pm
The CFPB reviewed the complaints it had received by these older borrowers and noted the following which I’d like to emphasize are potential violations of our national (FDCPA) and Florida (FCCPA) consumer collection laws: Delaying or prohibiting enrollment in income-driven payment plans: Servicers are not advising some older borrowers that they may have their loan payment amounts reassessed under an income-driven plan when their income changes. [read post]
12 Sep 2015, 6:27 am
You have rights when you are dealing with debt collectors, these rights are called the Fair Debt Collection Practices Act, (FDCPA). [read post]
20 Apr 2020, 7:50 am
This should be helpful for any state consumer law violation – the Higher Educ Act does not preempt state consumer FCCPA/FDCPA claims for affirmative misrepresentations. [read post]
12 Jun 2012, 2:00 am
The lawsuit charges that National Capital Management violated the Fair Debt Collection Practices Act (FDCPA) by contacting a third party and informing her of the debt; engaging in harassing behavior; by using false, deceptive, or misleading tactics; by misrepresenting the status of the debt; by threatening garnishment; by employing deceptive means to collect a debt; and by failing to send a validation notice. [read post]
9 Apr 2010, 4:56 am
FDCPA case summaries from the last 12 months are now on the companion website to NCLC's Fair Debt Collection treatise. [read post]
10 Aug 2018, 2:13 pm
Hot topics include: ACA case on the FCC’s Order on TCPA; the Ninth Circuit’s ruling was considering a big win for the industry but questions remain on how this impacts the residential mortgage industry CFPB ceasing enforcement actions created from UDAAP violations Final revisions to TRID FDCPA violations and its impact on bankruptcy, defaults, foreclosures in the residential mortgage space Statute of limitations with hotbed jurisdictions (Texas, Florida, New… [read post]
29 Jul 2012, 2:00 am
Stamps, LLC violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by attempting to collect an amount not authorized by the agreement creating the debt; by misrepresenting the amount of the debt; by employing false and deceptive means to collect a debt; and by failing to send validation notice stating our client’s right to dispute. [read post]
6 May 2014, 12:20 am
He did not allege any actual damages, relying instead on the FDCPA’s statutory damages provision. [read post]
