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A District Court judge in Florida has denied a defendant’s motion for summary judgment while partially granting and partially denying a similar motion from the plaintiff in a Florida ConsumerCollection Practices Act case over alleged attempts to collect a debt after the plaintiff had filed for bankruptcy protection and allegedly notified the (..)
JUDGE DENIES DEFENDANT’S MSJ IN FCCPA CASE OVER BK FILING, ATTORNEY REPRESENTATION A District Court judge in Florida has denied a defendant’s motion for summary judgment while partially granting and partially denying a similar motion from the plaintiff in a Florida ConsumerCollection Practices Act case over alleged attempts to collect a debt (..)
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 Fair Debt Collection 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 Fair Debt Collection 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 Fair Debt Collection Practices Act and the Florida ConsumerCollection Practices Act by misrepresenting that the collector was an attorney and by using obscene and profane language during … (..)
It will be interesting to see Defendant proceeds with the litigation and files a motion for summary judgment which will be able to be supported with facts from discovery. More details here. WHAT THIS MEANS, FROM BRIT SUTTELL OF BARRON & NEWBURGER: This is an interesting case that was probably not well suited for a Motion to Dismiss. (The
Nevertheless, there appears to be an increase in class action complaints alleging violations of consumer protection laws such as Fair Debt Collection 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 Fair Debt Collection 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. 2d 509 (Fla.
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.
If you have claims that are consumer in nature and you are close to the three-year statute and have not been able to elicit a response, review the claims and consider sending them to FFG&N or another collection firm.
The plaintiffs sued for violations of the Florida ConsumerCollection Practices Act (FCCPA) and the FCRA. In its summary judgment opinion, the court addressed only the FCRA claim, holding the plaintiffs’ dispute was inherently a legal one that was not actionable under section 1681s-2(b).
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 Fair Debt Collection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumercollection process. And this it did not do, directly or otherwise.
Additionally, several counties and municipalities have enacted protections to limit collection activities by local government during the COVID-19 crisis. This legislation prohibits judgment creditors from initiating new “extraordinary” collection actions, including garnishment, attachment, levies, or execution.
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.
On June 23, Missouri Attorney General Eric Schmitt announced a settlement and consent judgment against a prominent televangelist and his production company. Attorney General Schmitt filed suit in March 2020 for marketing “silver solution” as a potential cure for the coronavirus. For more information, click here.
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