Posts tagged with: "FDCPA"
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16 Aug 2012, 2:00 am
The lawsuit charges that Midland Credit Management violated the Fair Debt Collection Practices Act (FDCPA) by calling at a place and time known to be inconvenient; by contacting our client after having received a cease and desist letter; by engaging in harassing behavior; by using profane and abusive language; and by continuing collection efforts even though the debt had not been verified. [read post]
10 Jun 2012, 2:00 am
The lawsuit charges that Diversified Adjustment Service violated the Fair Debt Collection Practices Act (FDCPA) by contacting our client at a place and time known to be inconvenient; by contacting her after being told she was represented by an attorney; by contacting her at her place of employment; by communicating with third parties about a debt; by engaging in harassing behavior; by using abusive language; and by failing to send a validation notice. [read post]
3 Jun 2009, 9:50 am
First, most of these lenders are not considered debt collectors so they are not controlled by the Fair Debt Collection Practices Act (FDCPA). [read post]
3 Jun 2012, 12:50 pm
FDCPA violations abound. [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]
18 Nov 2007, 5:03 am
Leaving messages for you are “communications” under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692, et seq. [read post]
15 Aug 2016, 11:39 am
This means if they try to explain your options, but leave perhaps the best one out – this would be a violation of the FDCPA, FCCPA and perhaps even unlicensed practice of law. [read post]
18 Jul 2012, 2:25 am
In an earlier post, we discussed your protection under the Fair Debt Collection Practices Act (FDCPA). [read post]
24 Jun 2011, 9:59 am
These offshore companies do not recognize the Fair Debt Collection Practices Act (FDCPA). [read post]
15 Nov 2010, 12:43 pm
Examples of Counterclaims you may be able to assert under the right facts include breach of contract / breach of settlement agreement, fraud or misrepresentation, violation of the Florida Consumer Collection Practices Act (FCCPA), violation of the federal Fair Debt Collection Practices Act (FDCPA), and others. [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]
14 Jul 2012, 2:00 am
The lawsuit charges that CTI Collection Services violated the Fair Debt Collection Practices Act (FDCPA) by contacting third parties; by telling third parties that our client owed a debt; by calling at a place and time known to be inconvenient; by calling before 8:00 a.m.; by calling at work, knowing that our client’s employer didn’t allow such calls; by engaging in harassing behavior; by threatening garnishment; by employing false and deceptive means to collect a debt; by using… [read post]
28 Oct 2007, 5:51 am
If a debt collector sends the debtor a notice that refers to a Form 1099, the debt collector has per se, violated the FDCPA because the IRS is not involved. [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]
3 Dec 2006, 10:28 am
Chris Livingston, over at "Fourth Amendment and FDCPA" (which is a very good blog, despite its occasional use of non-legal rhetoric, which you should read again and again) gives his take on US v. [read post]
24 Jul 2012, 7:21 am
(HT: Gina Calabrese) UPDATE: A commenter raises the question of whether the listing might be for a job outside the US, meaning that the FDCPA would not apply. [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]
30 May 2012, 2:00 am
” The lawsuit charges that Weber & Olcese violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by using false, deceptive, or misleading representation; by employing false or deceptive means to collect a debt; and by engaging in collection activities when the debt hadn’t been verified. [read post]
20 Jan 2019, 8:05 am
That is something that we seek to change every day for our clients via affirmative lawsuits for discharge of what is really consumer debt as it was debt issued beyond the true cost of education, settlements for pennies on the dollar for private student loans owned by NCSLT or other investment trusts, lawsuits for consumer law violations such as the FCRA, FCCPA, FDCPA and the TCPA, and making sure our clients obtain all forgiveness possible. [read post]
21 May 2021, 3:43 pm
The plaintiffs maintain the company violated the Fair Debt Collection Practice Act (FDCPA) and the North Carolina Debt Collection Act (NCDCA). [read post]
