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Judge Grants MSJ, Partial Fees for Defendant in FDCPA Case Over Rental Property

Account Recovery

Over time, they neglected to pay the maintenance and cable fees for the property, and the homeowners association hired the defendant, a collection law firm, to collect the outstanding fees. Despite the plaintiffs attempts to resolve the situation, including contacting the HOA for payment details, the fees went unpaid.

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Supreme Court Excludes Non-Judicial Foreclosure From FDCPA

BN Lawyers

McCarthy & Holthus, LLP, holding that that business engaged solely in non-judicial foreclosure activities are generally exempt from the Fair Debt Collection Practices Act, 15 U.S.C. The District Court dismissed the suit on the ground that the law firm was not a “debt collector” as defined in the FDCPA.

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Supreme Court Decides that Law Firms Engaged in Non-Judicial Foreclosure Proceedings are Not Debt Collectors Under the FDCPA

Mich Bankruptcy Blog

There’s no doubt that many debt collection practices involve aggressive and unseemly tactics used to collect credit card and other unpaid debts, and, as a result, Congress stepped in to curb these practices by passing the Fair Debt Collection Practices Act (“FDCPA”). Supreme Court.

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When Is A Lawyer Or Law Firm "Regularly" Collecting Debts Under The FDCPA?

FDCPA Defense

291 (1995), lawyers have known that if they seek to collect consumer debts for clients – even when doing so through litigation – they might qualify as a "debt collector" under the Fair Debt Collection Practices Act, 15 U.S.C. Similarly, the defendants were not "debt collectors" in Schroyer v.

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9th Cir. Reverses Trial Court Ruling in Favor of Defendant on FDCPA Claim Related to Bankruptcy

Collection Industry News

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.

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What New Business Owners Need To Know To Collect Debt

The McHughes Law Firm

When you work with a debt collection attorney, the majority of funds collected still end up back in your ledger. 5: Debt Collectors Hound Debtors and Make Threats. Debt collection is governed by the Fair Debt Collection Practices Act , which has specific guidelines for contacting debtors.

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7th Circuit Challenges Whether Plaintiffs Had Standing in Recent District Court Cases

Troutman Sanders

On December 15, 2020, the Seventh Circuit Court of Appeals decided four cases which all dealt with the issue of standing within the context of the Fair Debt Collection Practices Act (“FDCPA”). In response, the HOA hired the law firm of Thrasher, Buschmann & Voelkel, P.C. (“TBV”).