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Debtor Protections and Consumer Rights in New York: An Attorney’s Perspective

FFGN COLLECT NY

Is there a law in NYC that protects consumers and debtors from debt collecting agencies, businesses, and their attorneys? Overview of NYC Law on Debt Collection Most people might not be aware of it, but New York has some of the strictest regulations and laws regarding debt collection and debtor protection.

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Ninth Circuit Partially Reverses Grant of Summary Judgment in Favor of Debt Collector in FDCPA Case

Troutman Sanders

District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a Fair Debt Collections Practices Act (FDCPA) case. In doing so, it held that a collection letter, which indicated that the debtor could only dispute the underlying debt in writing, violated the FDCPA.

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Dealing with Debt Collectors

Debt Free Colorado

The Fair Debt Collection Practices Act (FDCPA) does not apply to original creditors or cover company obligations. Under the UCCC, consumers can take legal action against debtors. The Colorado UCCC, in addition to the federal FDCPA, gives additional safeguards to original creditors, third-party debt collectors, and debt buyers.

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Can a Collection Agency Report to the Credit Bureau Without Notifying You?

Credit Corp

The name of the original creditor to whom the debt is owed. Sometimes, collectors may be allowed to make a claim if they have taken the consumer to court and received a court-approved judgment. The law: Collectors can call third parties such as family members, neighbors, friends, or co-workers only once to locate the debtor.

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The “Least Sophisticated Debtor” Is Getting More Sophisticated, And Has An Improved Memory Too

FDCPA Defense

Courts apply the very pro-consumer “least sophisticated debtor” standard when evaluating a collector’s communications, and most violations of the Act are “strict liability” – meaning the debtor can win the case without proving the collector intended to violate the statute. On appeal, the Ninth Circuit reversed.

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3rd Cir. Holds No FDCPA Violation When Debt Collector Invited Phone Calls To ‘Eliminate Further Collection Action’

Collection Industry News

If you notify this office in writing within THIRTY (30) days of receiving this notice that this debt, or any portion thereof, is disputed, this office will obtain verification of the debt, or a copy of a judgment against you, and mail you a copy of such verification or judgment. This timely appeal followed. 3d 413, 418 (3d Cir.

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How Does Validation of Debts Work?

Credit Management Company

A statement that if the consumer notifies the debt collector in writing within the 30-day period that the debt, or a portion of the debt, is disputed, the debt collector will obtain proof of the debt of a copy of the judgment against the consumer. Validating debt is just one step in the collections process.