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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. 3d 1175, 1205 (M.D.

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Sixth Circuit Examines Who is a Debt Collector for Purposes of FDCPA Section 1692(f)(6)

Consumer Financial Services Law

By Anna Claire Turpin The Sixth Circuit Court of Appeals recently explored the limitations of Section 1692(f)(6) and held that a property preservation and maintenance company was not a debt collector for purposes of that section. 1692f(6) by dispossessing her of her personal property when there was no legal right to possession.

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FTC Sends More Than $540,000 in Refunds to Consumers Harmed by Phantom and Abusive Debt Collection Scheme

Collection Industry News

The Federal Trade Commission is sending more than $540,000 in refunds to consumers who paid a group of abusive debt collectors who threatened consumers with lawsuits or arrest if they failed to pay debt that they might not have even owed.

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Recent Trends and Common Allegations in FCCPA Litigation

Jimerson Firm

Unlike the FDCPA, which only applies to debt collectors, the FCCPA applies to all persons or businesses collecting consumer debts. The tenant/debtor will usually allege that the 3-day notice either sought to collect an illegitimate debt or the 3-day notice threatened the existence of a legal right that did not exist.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

The rules also establish a fairer process for borrowers to raise a defense to repayment, while preserving the borrowers’ day in court by preventing institutions of higher education (institutions) from forcing students to sign away their legal rights using mandatory arbitration agreements and class-action waivers.