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Businesses throughout Florida should be aware of consumer statutes that provide remedies to consumers and impose liability to businesses, even for small technical violations. FairDebtCollection Practices Act. Bank of Am. , Bank of Am., Florida ConsumerCollection Practices Act (FCCPA).
The Florida ConsumerCollection Practices Act (FCCPA) and the FairDebtCollection 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.
A federal district court in the Middle District of Florida recently dismissed a pro se plaintiff’s FairDebtCollection Practices Act (FDCPA) and Florida ConsumerCollection 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.
The Florida ConsumerCollection Practices Act (FCCPA) and the FairDebtCollection 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.
The Florida ConsumerCollection 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.
Nevertheless, there appears to be an increase in class action complaints alleging violations of consumer protection laws such as FairDebtCollection Practices Act (FDCPA), Florida’s ConsumerCollections Practices Act (FCCPA), Fair Credit Reporting Act (FCRA), or Telephone Consumer Protection Act (TCPA).
The Florida ConsumerCollection Practices Act (FCCPA) and the FairDebtCollection Practices Act (FDCPA) are two pro-consumer statutes. Bank of America, N.A. , Bank of America, N.A. , Florida’s ConsumerCollection Practices Act (FCCPA) Part 1: Understanding the FCCPA (jimersonfirm.com) .
On February 17, 2012, the CFPB published its Proposed Rule Defining Larger Participants in Certain Consumer Financial Product and Service Markets. Entities in the debtcollection market that generate $10 million in annual receipts from consumercollection activities would be deemed a “larger participant” in the market.
Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the FairDebtCollection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumercollection process. Wells Fargo Home Mortgage, Inc.
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. Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge.
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