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What is the Difference Between the FDCPA and the FCCPA?

Jimerson Firm

To better understand the Fair Debt Collection Practices Act, I’ve broken it down into three discernable parts: 1) Elements of a cause of action under the FDCPA. The FDCPA prohibits debt collectors from making false or misleading representations and from engaging in various abusive and unfair practices. Bank of Am. ,

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Successors by Merger May Not be Debt Collectors

Consumer Financial Services Law

A recent decision from a Louisiana district court should provide some comfort to banks and other financial institutions who acquire other entities by merger – at least in the Fifth Circuit, they are not debt collectors. As most know, Bank of America (BoA) acquired Countrywide Bank FSB and its mortgage portfolio in 2008.

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Does Bankruptcy Clear Lawsuit Debt?

Sawin & Shea

Once bankruptcy is filed, whether it’s under Chapter 7 or Chapter 13 , an automatic stay prevents debt collectors from taking further legal action. Does bankruptcy clear lawsuit debt? Creditors can, and most likely will, take you to court if you owe a debt such as a credit card or medical bills and cannot pay.

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How To Remove Bank of America Collections From Your Credit Report

Better Credit Blog

Is Bank of America bringing down your credit score? If your credit report is displaying a collections account for Bank of America, it’s probably because you missed a payment somewhere down the line. How you should respond to a collections entry from Bank of American depends on several factors. Hunt and Henrique’s.

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How To Remove Bank of America Collections From Your Credit Report

Better Credit Blog

Is Bank of America bringing down your credit score? If your credit report is displaying a collections account for Bank of America, it’s probably because you missed a payment somewhere down the line. How you should respond to a collections entry from Bank of American depends on several factors. Hunt and Henrique’s.

Banks 52
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What is an Emergency Bankruptcy Filing?

Sawin & Shea

Some situations in which an individual may want to consider filing for emergency bankruptcy include: Wage garnishment Creditors levying your bank accounts or property An impending home foreclosure sale Imminent car repossession. It’s not always clear when it’s the right time to file for emergency bankruptcy.

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Eleventh Circuit Continues to Explore Definition of Debt Collector

Consumer Financial Services Law

An unpublished opinion from the Eleventh Circuit continues its analysis of the definition of a debt collector and continues to narrow the applicability of the FDCPA. Capital One Bank, 797 F.3d 2015) was one of the first opinions to parse the definition of a debt collector under 15 U.S.C. 3d 1309 (11 th Cir.