Posts tagged with: "FDCPA"
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16 May 2015, 2:44 pm
In 2008, Onwuteaka agreed to a public reprimand and payment of $2,000 in attorneys’ fees to the Commission.Like I said, he is a survivor.Whether he will survive, professionally and financially, the Attorney General’s pending enforcement action arising from his pattern and practice of venue violations in hundreds of cases he brought against Texas consumers is another matter.THE TEXAS AG’S ENFORCEMENT ACTION AGAINST ONWUTEAKA AND SAMARA PORTFOLIO In 2013 the Attorney… [read post]
6 Jul 2014, 8:35 am
On appeal, State Farm argued that the Fair Debt Collection Practices Act (FDCPA) supersedes the TCPA, and as a result, auto-calls regarding debt-collection are not subject to the restrictions of the TCPA. [read post]
29 May 2012, 8:49 am
The court also rejected Malen's argument that a pleading is not a "communication" under the FDCPA, noting a Second Circuit decision expressly concluding that, absent an express exclusion in the statute, a legal pleading is a communication. [read post]
12 Dec 2019, 1:38 pm
Debt collection furnishers did not differentiate between FCRA disputes, FDCPA disputes, and validation requests resulting in the handling of these disputes and requests in the same way and without consideration of applicable regulatory requirements. [read post]
10 Oct 2010, 7:11 am
” The suit can be found on a website called Legal Lounge and explains the common questions of law and fact required by class actions as including, “Whether defendant debt collectors, by filing unlawful detainer actions, and evicting or seeking to evict plaintiffs without having an assignment and/or possession of the promissory note, without a proper assignment of the trust deed mortgage, creating and using improper documents created by them to foreclose, and when they knew or should have… [read post]
25 Apr 2008, 4:46 pm
By consulting with a knowledgeable attorney, you will learn your rights and may possibly discover that you have claims against the debt collector under the Fair Debt Collection Practices Act (FDCPA).What you should know about debt defense:1. [read post]
6 Dec 2016, 6:54 am
Johnson (January 17; granted October 11): Whether Midland Funding violated the Fair Debt Collections Practices Act when it filed an accurate, but late, proof of claim in a bankruptcy proceeding, and whether the bankruptcy code precludes a lawsuit under the FDCPA on the ground that the defendant filed a proof of claim too late. [read post]
23 Jul 2010, 2:03 pm
., TILA, ECOA, FDCPA, etc.) with respect to nonbanks with the BCFP. [read post]
4 Feb 2011, 7:42 pm
A similar argument can be made against the FDCPA's prohibition on harassing debtors- if collectors were allowed to threaten debtors, collectors would probably have an easier time collecting accounts (at least some), and this would decrease the costs to collect, causing a savings that would sooner or later reach consumers. [read post]
6 Mar 2017, 2:29 pm
” In July 2016, in anticipation of convening a SBREFA panel, the CFPB issued an outline of the proposals it was considering for a rule covering “debt collectors” subject to the FDCPA. [read post]
26 Aug 2024, 8:08 am
For example, the New Jersey Consumer Fraud Act prohibits deceptive practices by debt collectors, and the Fair Debt Collection Practices Act (FDCPA) offers protections against harassment and unfair collection methods. [read post]
25 Apr 2008, 2:39 pm
By consulting with a knowledgeable attorney, you will learn your rights and may possibly discover that you have claims against the debt collector under the Fair Debt Collection Practices Act (FDCPA).What you should know about debt defense:1. [read post]
9 Aug 2010, 11:58 am
En 2009, la FTC - responsable de hacer cumplir la Ley de Prácticas de Cobro de Deudas (FDCPA) - ha recibido casi 120.000 quejas de consumidores sobre las prácticas injustas o no éticas de recogida de la deuda por in-house o los cobradores de deudas de terceros. [read post]
18 Feb 2020, 11:39 am
One or more debt collectors were found to have violated the FDCPA requirements to (1) disclose in communications subsequent to the initial written communication that the communication is from a debt collector, and (2) send a written validation notice within five days of the initial communication. [read post]
10 Mar 2016, 8:32 am
CFPB examiners found that one or more debt collectors had failed to comply with the general FDCPA requirement to stop contacting a consumer after receiving written notice from the consumer that he or she refuses to pay a debt or wants the collector to stop contacting him or her. [read post]
6 Dec 2018, 5:48 pm
Midland’s procedures for the generation and use of affidavits in collection litigation must require those employees who review and sign affidavits to perform certain tasks, such as confirming that all of the data points in the affidavit accurately reflect Midland’s records prior to executing the affidavit Midland may not knowingly pursue or threaten to pursue collection litigation on any time-barred debts and any communications with consumers about time-barred debts must include… [read post]
25 Apr 2008, 4:25 pm
By consulting with a knowledgeable attorney, you will learn your rights and may possibly discover that you have claims against the debt collector under the Fair Debt Collection Practices Act (FDCPA).What you should know about debt defense:1. [read post]
16 May 2017, 3:39 am
Breyer closed with a structural point, describing the Bankruptcy Code as embodying a “delicate balance of a debtor’s protections and obligations” that would be “upset” by application of the FDCPA to create such a “new significant bankruptcy-related remedy” without any “language in the Code providing for it. [read post]
15 Dec 2011, 2:40 pm
Family members of the deceased, just like all consumers, are protected by the federal Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to try to collect a debt. [read post]
2 May 2009, 6:36 am
Moral of the story: Debt Collectors - Web 2.0 does NOT provide you with any special exemptions from the FDCPA. [read post]
