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Compliance Digest – January 20

Account Recovery

THE COMPLIANCE DIGEST IS SPONSORED BY: Florida Appeals Court Upholds Dismissal in FCCPA Case Over Claims Assignability A Florida Appeals Court has upheld the dismissal of a case that hinged on whether claims filed under the Florida Consumer Collections Practices Act (FCCPA) were assignable to third parties.

Loans 130
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Recent Trends and Common Allegations in FCCPA Litigation

Jimerson Firm

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. Unlike the FDCPA, which only applies to debt collectors, the FCCPA applies to all persons or businesses collecting consumer debts. 17) references telephone calls, some consumer lawyers are arguing that Section 559.72(17)

Debtor 59
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What Does the CFPB Have to Do With My Debt Collection Claim?

FFGN COLLECT NY

The Bureau educates, establishes and enforces rules, and has a compliance arm addressing debt collection as it relates to consumer collections. The CFPB regulates debt collection only as it relates to consumer debt. The CFPB handles enforcing violations of federal consumer laws related to debt collection.

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Does Emailing a Debtor Between 9pm and 8am Violate the FCCPA?

Jimerson Firm

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. 17) relating to emails for collecting debt. As such, this allows consumer lawyers to make the argument that Section 559.72(17) As such, businesses need to be aware of the statute and the risk and liability of the statute.

Debtor 59
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What Exposure Does a Business Have to Attorneys’ Fees 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. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any real damages suffered by a consumer.

Lawyers 52
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Are Proposals for Settlement Enforceable in FCCPA Cases?

Jimerson Firm

The Florida Consumer Collection 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.

Lawyers 52
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What Are “Statutory 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. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any actual damages suffered by a consumer.