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Over time, they neglected to pay the maintenance and cable fees for the property, and the homeowners association hired the defendant, a collectionlawfirm, to collect the outstanding fees. Despite the plaintiffs attempts to resolve the situation, including contacting the HOA for payment details, the fees went unpaid.
McCarthy & Holthus, LLP, holding that that business engaged solely in non-judicial foreclosure activities are generally exempt from the FairDebtCollection Practices Act, 15 U.S.C. The District Court dismissed the suit on the ground that the lawfirm was not a “debt collector” as defined in the FDCPA.
There’s no doubt that many debtcollection 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 FairDebtCollection Practices Act (“FDCPA”). Supreme Court.
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 FairDebtCollection Practices Act, 15 U.S.C. Similarly, the defendants were not "debt collectors" in Schroyer v.
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 FairDebtCollection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.
When you work with a debtcollection attorney, the majority of funds collected still end up back in your ledger. 5: Debt Collectors Hound Debtors and Make Threats. Debtcollection is governed by the FairDebtCollection Practices Act , which has specific guidelines for contacting debtors.
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 FairDebtCollection Practices Act (“FDCPA”). In response, the HOA hired the lawfirm of Thrasher, Buschmann & Voelkel, P.C. (“TBV”).
Attorneys who regularly engage in collection work for community associations have increasingly become targets for lawsuits filed by professional consumer attorneys under the FairDebtCollection Practices Act (“FDCPA” or “the Act”), 15 U.S.C. and analogous state laws. Affinity Management LLC , 849 F.3d NA , 840 F.3d
Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the FairDebtCollection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process. The issue in Ho v. ReconTrust Co., filed (U.S.
More details here. The Court focused on two (2) questions: First, when does review of a closed account constitute a permissible purpose under 1681(a)(3)(A)?
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