Readers will learn how the credit card aging process works, why third-party agencies help manage financial institution account overflow, and how the FDCPA
creates guard rails for the industry.
EPA notified the company that such transfers of funds could violate the FDCPA
, and in February 2018, the Justice Department filed suit against 25 Grant Street, LLC, and its four controlling individual members.
was passed in 1977 to provide protection to consumers from abusive, deceptive and unfair collection practices.
The issue in Obduskey was whether those in the business of carrying out nonjudicial foreclosures law firms, mortgage lenders and servicers are "debt collectors" subject to all the requirements of, and liability under, the FDCPA
Plaintiff asserts standing on the basis that defendants' conduct in violation of the FDCPA
caused him to suffer emotional distress.
District Judge Richard Gergel agreed and granted the Parks summary judgment on their FDCPA
claims, finding that the firm had acted prematurely by tacking its own charges onto the Parks' alleged tab.
Jason has handled FDCPA
and FCRA cases since 2004, in more than 25 states.
(4) As acknowledged by Crawford, (5) under the FDCPA
, collection on a time-barred debt typically constitutes a violation unless there is a "bona fide error." (6) What was disconcerting with Crawford was that the court found the mere filing of a proof of claim constituted "collection activity" despite the automatic stay.
Across the country, lawsuits against debt collection companies are rising even though consumer debt and bankruptcies have dropped, according to a news release last month from the collection firm Credit Protection Association of Dallas, which won a rare jury verdict involving allegations it violated the FDCPA
. "Many blame the rise of an aggressive breed of consumer attorneys who are cashing in on the fact that it is often cheaper for collectors to settle cases than to go to trial."
The CFPB alleged that NCG violated the FDCPA
and the Dodd-Frank Wall Street Reform and Consumer Protection Act by masquerading as state or district attorneys, intimidating consumers with false threats of criminal charges, and deceiving consumers into paying extra fees for costly financial education classes.
(13) Therefore, as a safeguard, [section] 1692g of the FDCPA
requires collectors to inform debtors of their rights under the FDCPA
via a written notice within five days of initial communication.
(40) The FDCPA
exempts first-party lenders from regulation, (41) but they are often subject to a variety of other regulations that do not apply to third-party debt collectors.