Posts tagged with: "FDCPA"
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30 Nov 2017, 12:43 pm
The Bureau has adequate remedies in bringing claims against the parties who allegedly actually conducted activities which violated the FDCPA and the Act. [read post]
30 Nov 2017, 12:43 pm
The Bureau has adequate remedies in bringing claims against the parties who allegedly actually conducted activities which violated the FDCPA and the Act. [read post]
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]
1 Aug 2016, 4:00 am
The proposals include debt substantiation requirements, requirements to provide certain information in connection with debt transfers, changes to the FDCPA validation notice, a new “Statement of Rights,” new disclosures for time-barred debts, and limits on collector communications. [read post]
13 Jan 2020, 12:36 pm
The Solicitor General observed in his petition that “if a focus on debt-collection communications were treated as a form of content discrimination…the FDCPA would be subject to a potential First Amendment challenges. [read post]
23 Feb 2012, 1:00 am
It seems logical, however, that it would be against the spirit of the FDCPA to specifically mention your debt on Facebook or other social media outlets. [read post]
13 Apr 2017, 4:00 am
Alphonse filed a lawsuit against Arch Bay Holdings, LLC under the Louisiana Unfair Trade Practices Act (LUTPA) and Federal Debt Collection Practices Act (FDCPA). [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]
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]
19 Feb 2018, 1:13 pm
This opens the lender and servicer to a potential FDCPA and FCCPA case if it has tried to collect on previously discharged debt. [read post]
2 Feb 2007, 12:34 pm
 Consumers do have protections available for violations of the The Fair Debt Collection Practice Act (FDCPA), but the damages are often statutorily limited to as little as a $1000 for violations. [read post]
12 Dec 2007, 12:58 pm
Depending on their particular situations, members of all three groups can take advantage of existing laws (which are already covered in the casebook), such as common law fraud, UDAP statutes, TILA, HOEPA, ECOA, FDCPA. the unconscionability doctrine, and, to the extent that they're not preempted, state predatory lending statutes and usury laws. [read post]
6 Jul 2012, 2:00 am
The lawsuit charges that Southwest Credit Systems violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by using abusive language; by failing to disclose the identity of the debt collection agency; false, deceptive, or misleading representation in connection with collecting a debt; by misrepresenting the legal status of a debt; by threatening to communicate false credit information; by threatening to take legal action without intending to do so; by using… [read post]
19 Aug 2012, 2:00 am
The lawsuit charges that Alexander-Rose Associates violated the Fair Debt Collection Practices Act (FDCPA) by contacting our client at a place and time known to be inconvenient; by contacting him at his workplace, knowing that his employer prohibited such calls; by communicating with third parties; by engaging in harassing behavior; by threatening to take action that could not be legally taken or that it did not intend to take; by using false and deceptive means to collect a debt; and by… [read post]
3 Jul 2012, 10:42 am
The lawsuit charges that Enterprise Recovery Systems violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by using false, deceptive, or misleading representation or means to collect a debt; by misrepresenting the legal status of a debt; by using unfair means to collect a debt; and by attempting to collect an amount not authorized by the agreement creating the debt. [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]
1 Aug 2016, 6:46 am
Challenges faced by debt collectors in collecting debts and communicating with consumers via new technologies that are not contemplated by the FDCPA. [read post]
22 Oct 2013, 12:38 pm
The agency was recently fined $1 million by the US Federal Trade Commission (FTC), for violating theFair Debt Collection Practices Act (FDCPA). [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]
