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A District Court judge in Florida has been forced to rule on competing motions for attorney’s fees in a FairDebtCollection Practices Act case in which both sides are claiming victory, ruling partially in favor of both the plaintiff and the defendant.
A District Court judge in Florida has denied a defendant’s motion to dismiss claims it violated the FairDebtCollection Practices Act and the Florida ConsumerCollections Practices Act in a ruling that seems potentially problematic in terms of the definition of debt collector and when a debt is in default.
A District Court judge in Florida has denied a defendant’s motion to dismiss a class-action after it was sued for violating the FairDebtCollection Practices Act, the Telephone Consumer Protection Act, and the Florida ConsumerCollection Practices Act for making calls to the plaintiff’s cell phone and leaving voicemails using pre-recorded (..)
CLASS-ACTION ACCUSES COLLECTOR OF VIOLATING FDCPA, FCCPA BY ADDING ‘ILLEGAL’ COLLECTION FEE A class-action lawsuit has been filed against a collection agency, accusing it of violating the FairDebtCollection Practices Act and the Florida ConsumerCollection Practices Act because it allegedly added an “illegal” collection fee that represented (..)
A District Court judge in Florida has granted a defendant’s motion for summary judgment in a class-action lawsuit involving alleged violations of the FairDebtCollection Practices Act and the Florida ConsumerCollection Protection Act.
The Eleventh Circuit Court of Appeals has upheld the summary judgment ruling in favor of a defendant that was sued for violating the FairDebtCollection Practices Act and the Florida ConsumerCollection Practices Act because of alleged misrepresentations made by another entity that was collecting on the defendant’s behalf.
A District Court judge in Florida has granted a defendant’s motion for summary judgment on most of the claims in a lawsuit accusing it of violating the FairDebtCollection Practices Act and the Florida ConsumerCollection Practices Act by misrepresenting that the collector was an attorney and by using obscene and profane language during … (..)
Judge Grants MTD in FDCPA Case Over ID Theft A District Court judge in Illinois has granted a defendants motion to dismiss a FairDebtCollection Practices Act case, ruling the plaintiff lacked standing after alleging violations related to a disputed debt originating from identity theft. million consumers.
The Consumer Financial Protection Bureau (CFPB) has more to do with your debtcollection claim than you might think. Professionally, your business may deal with consumers directly or indirectly. Personally, CFPB has a lot to do with how companies approach you to collectdebt and other financial products.
A District Court judge in Illinois has denied a healthcare provider’s motion to dismiss a claim it violated the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA) and a collection agency’s motion to strike class allegations it violated the FairDebtCollection Practices Act in a debt parking case on a medical debt.
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. A person attempting to collect his or her “own” debt, is not a debt collector under the FDCPA.
In todays digital communication landscape, businessesespecially those that use digital outreach to engage delinquent consumers to collect debtsare facing increasing pressure to ensure they respect consumers opting out of communications from a particular channel.
Business to business debtcollection can be hard to understand at first. Check out this guide on who should use commercial debtcollections. Even when you try to send customer debtcollection requests, they have fallen on black days. This type of debtcollection can be hard to understand at first.
The settlement of debts acquired by either another company or an individual is one of the most common challenges that businesses experience. Collectingdebts is time-consuming, especially if the debtor refuses to cooperate. What they can and cannot do when doing so are regulated by the FairDebtCollection Practices Act.
The Consumer Financial Protection Bureau (CFPB) today took action against a medical debt collector, Commonwealth Financial Systems, for illegally trying to collect unverified medical debts after consumers disputed the validity of the debts. WASHINGTON, D.C. – Read today’s order.
When your debt goes into collections, it’s important to straighten things out quickly. If BYL Collections has been contacting you, the information below can help you move forward. How Does BYL Collection Services Work? Based in Westchester, Pennsylvania, BYL is a third-party collections agency that was founded in 1998.
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.
She advises clients and in-house counsel in litigation arising under the Truth in Lending Act, Real Estate Settlement Procedures Act, Fair Credit Reporting Act, Florida ConsumerCollections Practices Act, FairDebtCollections Practices Act and the Telephone Consumer Protection Act, among others.
Section 1692(f) of the FDCPA prohibits a debt collector from using unfair or unconscionable means to collect any debt, and enumerates specific examples of prohibited conduct. Among other things, the term “debt collector” does not include “any person collecting or attempting to collect any debt owed or due.
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 actual damages suffered by a consumer.
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.
Florida law provides that community associations may collect assessments from unit owners to cover operating and maintenance costs. The Fifth District Court of Appeals affirmed the decision, holding that the “ongoing obligation to pay assessments is a ‘consumerdebt’ under the FCCPA.” See Kelly v. Duggan , 282 So. 1st DCA 2019).
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).
In November 2021, The CFPB made some long-awaited updates to the FairDebtCollection Practices Act. The new rules open up more avenues for collectors to communicate with debtors while still protecting consumers from unfair debtcollection practices. What are the new rules regarding social media contact?
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.
The Florida ConsumerCollection Practices Act (FCCPA) and the FairDebtCollection Practices Act (FDCPA) are two pro-consumer statutes. Accredited Collection Agency Inc. , No. Collection Services, Inc. Businesses should be aware of each statute and how to defend against such claims.
Court of Appeals for the Eleventh Circuit recently held that periodic statements required by the federal Truth in Lending Act may violate the federal FairDebtCollection Practices Act if they are not truthful and fair. Source: site. A copy of the opinion in Lamirand, et al v. to be paid in one year.
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. The issue in Ho v. at 571-72 (citations omitted).
The plaintiff was seeking assistance with personal legal matters, and the attorney and his firm provided legal representation related to the FDCPA and the Florida ConsumerCollection Protection Act. The background: The plaintiff, a Florida resident, originally sought legal representation from one of the defendants in October 2023.
A Florida Appeals Court has upheld the dismissal of a case that hinged on whether claims filed under the Florida ConsumerCollections Practices Act (FCCPA) were assignable to third parties. Learn more.
The plaintiff claimed that this late-hour email violated both the FDCPA and the Florida ConsumerCollection Practices Act (FCCPA), which restrict communications with consumers outside certain hours. Specifically, under both acts, a debt collector may not communicate with a consumer between 9 p.m.
Established by the Economic Growth, Regulatory Relief, and Consumer Protection Act, IPAC consists of 21 members, who serve staggered three-year terms and bring professional backgrounds in insurance accounting, actuarial science, academia, insurance regulation, and policyholder advocacy. For more information, click here.
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