FDCPA Defense

AUGUST 16, 2012

If you are a collection professional working for a creditor, debt buyer, collection agency or collection law firm, and you have not yet added the website for the Consumer Financial Protection Bureau (CFPB) to the favorites on your web browser, it is high time that you do so.

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Jimerson Firm

FEBRUARY 22, 2024

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. Unlike the FDCPA, which only applies to debt collectors, the FCCPA applies to all persons or businesses collecting consumer debts. These lawsuits are typically based upon an allegedly improper 3-day notice sent to a tenant/debtor.

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Jimerson Firm

NOVEMBER 20, 2023

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. 17) relating to emails for collecting debt. In collecting consumer debts, no person shall: (17) Communicate with the debtor between the hours of 9 p.m. Section 559.72(17) Section 559.72(17) Prohibited practices generally. —In

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Jimerson Firm

JANUARY 17, 2023

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any actual damages suffered by a consumer. In Laughlin v.

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Jimerson Firm

JANUARY 17, 2023

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any real damages suffered by a consumer. Hamilton, Esq.

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Jimerson Firm

JANUARY 12, 2024

In collecting consumer debts, no person shall: (9) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist. Bank , 118 F.3d Section 559.72(9), 9) , Florida Statutes. Argument No.

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Troutman Sanders

MARCH 30, 2023

A federal district court in the Middle District of Florida recently dismissed a pro se plaintiff’s Fair Debt Collection Practices Act (FDCPA) and Florida Consumer Collection Practices Act (FCCPA) action as time-barred because the defendants filed the foreclosure that was the basis for the plaintiff’s claims over four years prior.

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Jimerson Firm

JANUARY 16, 2023

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Bank of America, N.A. , Accredited Collection Agency Inc. , No. Collection Services, Inc. Bank of America, N.A. , 3d 1197, 1211 (M.D. See, e.g., Lane v.

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Jimerson Firm

JANUARY 12, 2023

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. Given the pro-consumer nature of the statute, one big consideration for defending against FCCPA claims is how to shift risk to the plaintiff. . As such, businesses need to be aware of the statute and the risk and liability of the statute.

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Troutman Sanders

JULY 7, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. The law does not impact most third-party collection agencies, but it does impact some creditors and debt buyers.

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Troutman Sanders

MAY 24, 2022

On May 4, the Connecticut Banking Commissioner issued a temporary order to cease and desist and order to make restitution against lead generator SoLo Funds Inc. The enforcement action states that SoLo advertised via its website and mobile application that it assists Connecticut consumers in receiving loans in amounts ranging from $50 to $500.

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Collection Industry News

OCTOBER 24, 2024

Lower-income earners, older people and families those with children under the age of 18 are more likely to say they’ve reached their credit spending limit since the central bank started raising its benchmark rate, the survey found. Nationwide, consumers collectively owed $1.1 About 6.4% ” The post 2 in 5 U.S.

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Jimerson Firm

JULY 21, 2021

Nevertheless, there appears to be an increase in class action complaints alleging violations of consumer protection laws such as Fair Debt Collection Practices Act (FDCPA), Florida’s Consumer Collections Practices Act (FCCPA), Fair Credit Reporting Act (FCRA), or Telephone Consumer Protection Act (TCPA).

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FDCPA Defense

FEBRUARY 20, 2012

The CFPB claims to have the right to obtain privileged documents from all “supervised institutions” as well as from any “service provider” (such as a law firm or collection agency) who performs material services for a supervised institution. The Bureau specifically noted that plans to exercise supervisory authority over collection law firms.

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FDCPA Defense

FEBRUARY 1, 2018

Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process. The issue in Ho v. at 571-72 (citations omitted).

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Burr Forman

DECEMBER 4, 2020

Financial institutions, servicers, lenders, and debt collectors must stay up-to-date on evolving federal and state laws stemming from the COVID-19 pandemic, as such laws impact all facets of consumer loan servicing and debt collection. This Bulletin serves as an update to that non-exhaustive compilation of information.

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Troutman Sanders

AUGUST 2, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. s debt collection legislation was transmitted to Mayor Bowser for her signature. For more information, click here.

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Troutman Sanders

JUNE 28, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. The new law limits a collection agency’s ability to collect on medical debt. For more information, click here.

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