Posts tagged with: "FDCPA"
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NCSLT Litigation Moratorium? – Expect confusion, inconsistent implementation, and need for follow-up
22 Sep 2017, 2:27 pm
In other words, whether a collection suit is time-barred is dependent both on the law of the jurisdiction in which the lawsuit is filed (based on Defendant’s current residence, as required by the FDCPA), and on the procedural posture of the case, most notably, whether the limitations issue is even raised. [read post]
28 Jan 2013, 6:23 am
The court of appeals upheld the determination that Liberty’s cross-collection practices violated multiple state laws along with the federal Fair Debt Collection Practices Act (FDCPA). [read post]
3 Jul 2013, 7:01 pm
The California Assembly recently passed legislation creating significant new consumer protections against unfair debt collection practices. [read post]
17 Dec 2017, 3:28 pm
Why is the financial sector going so mad over Madden when only Midland Funding and Midland Credit Management are afflicted and in need of Congressional intervention? [read post]
14 Jul 2017, 2:12 pm
("FDCPA"), NCSLT's claim for breach of contract is not based on the FDCPA and does not depend on the resolution of a substantial question regarding that federal statute. [read post]
14 Sep 2020, 9:51 am
Violations of the FDCPA prohibitions regarding making false representations that a debt collector operates or is employed by a CRC by falsely representing or implying to consumers that that they operated or were employed by CRCs. [read post]
21 Nov 2022, 5:21 am
Debt collectors were found to have engaged in the following FDCPA violations: Violations of the FDCPA provision that prohibits collectors from engaging in harassing or abusive conduct as a result of continuing to engage consumers in telephone conversations after the consumer stated that the communication was causing them to feel annoyed, harassed or abused, such as by continuing to engage a consumer after the consumer stated multiple times that he or she was driving and… [read post]
14 May 2019, 11:40 am
As we have seen in litigation involving the FDCPA, TCPA, and other similar statutes, attempting to interpret subjective consumer statements and directions in order to avoid potential liability under amorphous standards like “should know” is, at best, often challenging and inconsistent. [read post]
24 Oct 2011, 7:42 am
Defendants argued that the FDCPA didn’t apply to them because a lender collecting its own debts doesn’t fall within the scope of the law. [read post]
21 May 2012, 2:15 pm
General Revenue Corp.Docket: 11-1175Issue(s): (1) Whether a prevailing defendant in a Fair Debt Collection Practices Act (FDCPA) case may be awarded costs for a lawsuit that was not “brought in bad faith and for the purpose of harassment,” when the FDCPA provides that “[o]n a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney’s fees reasonable in… [read post]
3 Mar 2020, 11:54 am
Generally, the FDCPA applies to companies that collect debts for another person. [read post]
14 Aug 2023, 7:19 pm
The FDCPA forbids debt collectors from using unfair, abusive, or deceptive methods to obtain payment from you. [read post]
7 Sep 2012, 4:38 am
My essential plan was to finance contingency civil rights work with revenue from flat-fee criminal, immigration, and consumer work and contingency FDCPA work. [read post]
21 Oct 2013, 9:02 pm
The FDCPA sets forth ground rules for debt-collection action to protect consumers and preserve their privacy. [read post]
18 Jan 2017, 6:12 am
Taking Geyser’s position that the FDCPA claim should apply to any affirmative defense omitted by the creditor, he worried that affirmative defenses other than the statute of limitations often “are quite complicated. [read post]
4 Jun 2019, 9:42 am
The CID’s original notification of purpose stated that the CID had been issued “to determine whether debt collectors or other unnamed persons have engaged in, or are engaging in, unlawful acts or practices in connection with the collection and reporting of consumer debts in violation of the [FDCPA], the [FCRA], [the regulations concerning the Duties of Furnishers of Information to Consumer Reporting Agencies], or any other federal consumer financial law. [read post]
16 Oct 2011, 6:32 am
§ 1692c(a) of the FDCPA does not appear to flatly give you a right to restrict all telephone calls. [read post]
23 Oct 2017, 8:48 am
In other cases, the types of disputes that the parties agreed to arbitrate is narrowly tailored and does not include certain consumer claims such as the Fair Debt Collection Practices Act (“FDCPA”), the Telephone Consumer Protection Act of 1991 (“TCPA”), or similar consumer finance contracts. [read post]
7 Feb 2014, 6:24 pm
File a complaint with the Federal Trade Commission, for violations of the federal Fair Debt Collection Practices Act (FDCPA). 3. [read post]
10 Jan 2015, 4:33 pm
Defendants have asserted two counterclaims; one alleges that the plaintiffs have violated the Federal Debt Collection Practice Act (FDCPA) and the second alleges that the plaintiffs improperly filed the notice of pendency. [read post]
