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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.
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. Florida ConsumerCollection Practices Act (FCCPA). Tomlinson , No. Section 559.77
Florida law provides that community associations may collect assessments from unit owners to cover operating and maintenance costs. If a unit owner fails to pay, the association may record the unpaid assessment as a lien against the property and eventually file for foreclosure. 718.116(6)(b), Fla. See Kelly v. Duggan , 282 So.
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. After defaulting on their home loan, a foreclosure suit was instituted. Source: site.
The Florida ConsumerCollection Practices Act (FCCPA) and the FairDebtCollection Practices Act (FDCPA) are two pro-consumer statutes. Florida’s ConsumerCollection Practices Act (FCCPA) Part 1: Understanding the FCCPA (jimersonfirm.com) . Jimerson Birr (jimersonfirm.com).
BYL Collections isn’t a household name, but it collects for several businesses across multiple industries. Based in Westchester, Pennsylvania, BYL is a third-party collections agency that was founded in 1998. The agency specializes in consumercollections, commercial collections, and medical device recovery.
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. ReconTrust Co., filed (U.S.
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. Department of Veterans Affairs, and the Federal Housing Finance Agency extended their foreclosure-related eviction moratoria until September 30.
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