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Federal District Court Dismisses Plaintiff’s FDCPA and FCCPA Action as Time-Barred — Holds Subsequent Filings Made in Foreclosure Action Did Not Toll the Statutes of Limitation

Troutman Sanders

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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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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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

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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What Are “Actual Damages” Under the FCCPA and the FDCPA?

Jimerson Firm

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. , Bank of America, N.A. , Businesses should be aware of each statute and how to defend against such claims. 3d 1197, 1211 (M.D. 3d 1197, 1213 (M.D.

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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. Washington Mutual Bank , 2012 WL 715270, at *4 (E.D.

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

Burr Forman

The new bill issued a moratorium on evictions, foreclosures, and repossessions, which expired on June 30, 2020. California – On March 17, 2020, Child Support Services stopped automatically placing bank levies for overdue child support during the COVID-19 crisis.

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

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. You may access this interactive tool at [link]. Federal Activities: On July 30, the U.S. Department of Agriculture, U.S.