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Does Emailing a Debtor Between 9pm and 8am Violate the FCCPA?

Jimerson Firm

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. 17) relating to emails for collecting debt. This article seeks to explore whether sending an email to a debtor after 9pm and before 8am violates the FCCPA. 17) prohibits contacting a debtor between the hours of 9pm and 8am.

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What is the Difference Between the FDCPA and the FCCPA?

Jimerson Firm

Businesses throughout Florida should be aware of consumer statutes that provide remedies to consumers and impose liability to businesses, even for small technical violations. Bank of Am. , A person attempting to collect his or her “own” debt, is not a debt collector under the FDCPA. Bank of Am., 3d 1175, 1205 (M.D.

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Recent Trends and Common Allegations in FCCPA Litigation

Jimerson Firm

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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2 in 5 U.S. credit card holders have topped out their spending limit, report finds

Collection Industry News

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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Defending Against Alleged Violations of the FCCPA and the FRLTA

Jimerson Firm

—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 In order to establish a violation of Section 559.72(9)

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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

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. Riexinger & Associates, LLC , 817 F.3d 3d 72 (2d Cir.

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COVID-19 Collections Impact Bulletin: State Responses (December 2020 Update)

Burr Forman

California – On March 17, 2020, Child Support Services stopped automatically placing bank levies for overdue child support during the COVID-19 crisis. Legislation enacted in 2019, which prevents debt collectors from seizing certain amounts from a consumer’s bank account, went into effect on September 1, 2020.