FDCPA Legal Issues

50 items listed - Back

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NCLC Releases Report on “The Debt Collection Machine”

The National Consumer Law Center (NCLC) published a report portraying the debt collection industry as a “debt collection machine.”

Aug 6, 2010

FTC Releases Report on Debt Collection Litigation and Arbitration

The Federal Trade Commission (FTC) released a report offering recommendations following its 2009 debt collection litigation and arbitration roundtables.

Aug 6, 2010

Update from the Ninth Circuit

Court rejects rehearing en banc in Pintos and opines on successful FDCPA defenses.

Jul 2, 2010

Attorney Letterhead after Lesher

A recent court decision may significantly impact meaningful attorney representation challenges.

Jul 2, 2010

Settlement Offers: What the Courts are Saying

Creditor authorization and settlement offer phrasing often drive FDCPA settlement related claims.

Jun 3, 2010

Debt Collector Obtains Favorable Order on Motion for Summary Judgment

A recent decision from the Middle District of Florida addresses call frequency and third-party disclosure.

Jun 3, 2010

Industry Continues Efforts to Clarify New York City Rules

Trade associations representing the debt collection and asset purchasing industry continue a dialogue with New York City regulators

Apr 30, 2010

Jerman v. Carlisle: A Legal Error Regarding The Requirements Of The FDCPA Cannot Be A “Bona Fide Error”

The U.S. Supreme Court recently issued its second opinion interpreting the FDCPA.

Apr 30, 2010

FTC Releases 2010 Annual Report on the FDCPA

Although consumer complaints against debt collectors rose in 2009, the percentage of collection-related complaints decreased as a percentage of all complaints received by the FTC.

Apr 6, 2010

Is that just an Attorney disguised as a Debt Settlement Company?

The FDCPA distinguishes between communicating with attorneys vs. debt settlement companies representing consumers.

Apr 6, 2010

Why Foti Raises Serious Problems Under The First Amendment

Cases addressing debt collectors leaving voice mail messages fail to consider commercial speech implications.

Apr 6, 2010

How to Combat Frivolous FDCPA Lawsuits: Tapping into Section 1927 and the Court’s Inherent Powers

The FDCPA’s bad faith provision is not the only way to fight improper litigation.

Mar 4, 2010

U.S. Supreme Court Considers Whether the FDCPA Bona Fide Error Defense Applies to Mistakes of Law

The Supreme Court heard oral arguments regarding whether the bona fide error defense applies to mistakes of law.

Feb 5, 2010

Is Donohue the Death Knell For Technical FDCPA Violations?

The Ninth Circuit adopts materiality standard for certain FDCPA claims.

Feb 5, 2010

Legislation Signed by President Obama Lifts Ban on Legal Services Corporation Seeking Statutory Attorney’s Fees

Legal Aid attorneys will be able to recover attorneys fees under the Fair Debt Collection Practices Act and other federal laws.

Jan 7, 2010
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