Fair Debt Collection
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Fair Debt Collection
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Author : Robert J. Hobbs
language : en
Publisher:
Release Date : 2000
Fair Debt Collection written by Robert J. Hobbs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Collection agencies categories.
Fair Debt Collection Practices Act
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Author : LandMark Publications
language : en
Publisher:
Release Date : 2017-12
Fair Debt Collection Practices Act written by LandMark Publications and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12 with categories.
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Fair Debt Collection Practices Act. The selection of decisions spans from 2014 to the date of publication.The FDCPA regulates the conduct of "debt collectors," defined to include "any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another." Id. � 1692a(6). Among other things, the FDCPA prohibits debt collectors from using "any false, deceptive, or misleading representation or means in connection with the collection of any debt," and from using "unfair or unconscionable means to collect or attempt to collect any debt." Id. �� 1692e-1692f. The statute provides a non-exhaustive list of conduct that is deceptive or unfair (e.g., falsely implying that the debt collector is affiliated with the United States, id. � 1692e(1)). Debt collectors who violate the FDCPA are liable for actual damages, statutory damages of up to $1,000, and attorney's fees and costs. See id. � 1692k(a). In re Dubois, 834 F. 3d 522 (4th Cir. 2016).The definition of debt collector, which is contained in � 1692a(6), is comprised of two parts. The first part defines the classes of persons that are included within the term "debt collector," while the second part defines those classes of persons that are excluded from the definition of debt collector. The first part, defining those who are included, provides in relevant part: The term "debt collector" means any person [1] who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or [2] who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor [3] who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts.15 U.S.C. � 1692a(6) (emphasis added). Stated more simply, this provision defines a debt collector as (1) a person whose principal purpose is to collect debts; (2) a person who regularly collects debts owed to another: or (3) a person who collects its own debts, using a name other than its own as if it were a debt collector. Henson v. Santander Consumer USA, Inc., 817 F. 3d 131 (4th Cir. 2016).The second part of � 1692a(6) defines the classes of persons that are excluded from the definition of debt collector, so that a person who meets one of the definitions of debt collector contained in the first part of � 1692a(6) will not qualify as such if it falls within one of the exclusions.
Fair Debt Collection Practices Act
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Author : Landmark Publications
language : en
Publisher:
Release Date : 2021-01-11
Fair Debt Collection Practices Act written by Landmark Publications and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-11 with categories.
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret, and apply provisions of the Fair Debt Collection Practices Act. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals.* * * The statutory purposes of the FDCPA are to "eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses." 15 U.S.C. § 1692(e). "The legislative history of the passage of the FDCPA explains that the need for the FDCPA arose" because of a number of different "collection abuses," such as the use of "'obscene or profane language, threats of violence, telephone calls at unreasonable hours, [and] misrepresentation of a consumer's legal rights.'" Kropelnicki v. Siegel, 290 F.3d 118, 127 (2d Cir. 2002) (quoting S. Rep. No. 95-382, at 2 (1977), reprinted in 1977 U.S.C.C.A.N. 1695, 1696). The legislative history of the FDCPA is clear that the statute also was intended to "eliminate the recurring problem of debt collectors dunning the wrong person." S. Rep. No. 95-382, at 4, reprinted in 1977 U.S.C.C.A.N. at 1699. The report of the House of Representatives explained: This bill also protects people who do not owe money at all. In the collector's zeal, collection efforts are often aimed at the wrong person either because of mistaken identity or mistaken facts. This bill will make collectors behave responsibly towards people with whom they deal.... Certainly a person who has a common name and is being hounded by a debt collector because of the debts of another person deserves the protection this legislation will offer. In far too many cases debt collectors do not even bother to double check common names before beginning collection efforts.H.R. Rep. 95-131 at 8 (1977). Wagner v. Chiari & Ilecki, LLP, 973 F. 3d 154 (2nd Cir. 2020)
Fair Debt Collection
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Author : Robert J. Hobbs
language : en
Publisher:
Release Date : 2004
Fair Debt Collection written by Robert J. Hobbs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Collection agencies categories.
Fair Debt Collection Practices Act
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Author : Barry Leonard
language : en
Publisher: DIANE Publishing
Release Date : 2011
Fair Debt Collection Practices Act written by Barry Leonard and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
This is a print on demand edition of a hard to find publication. This annual report summarizes the admin. and enforcement actions the FTC has taken under the Fair Debt Collection Practices Act (FDCPA), during 2009. These actions are part of the FTC¿s ongoing effort to curtail deceptive, unfair, and abusive debt collection practices. Such practices cause substantial consumer injury, including payment of amounts not owed, unintended waivers of rights, invasions of privacy, and emotional distress. The FDCPA prohibits deceptive, unfair, and abusive practices by third-party collectors. This report summarizes: (1) the types of consumer complaints the FTC received in 2009; (2) recent developments in FTC law enforcement; and (3) the FTC¿s 2009 consumer and industry education and policy initiatives. Illus.
Fair Debt Collection
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Author : Robert J. Hobbs
language : en
Publisher:
Release Date : 1991
Fair Debt Collection written by Robert J. Hobbs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Collection agencies categories.
Fair Debt Collection Practices Act
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Author : Landmark Publications
language : en
Publisher: Independently Published
Release Date : 2021-01-15
Fair Debt Collection Practices Act written by Landmark Publications and has been published by Independently Published this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-15 with categories.
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret, and apply provisions of the Fair Debt Collection Practices Act. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals. * * * Congress enacted the FDCPA in 1977 "to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses." 15 U.S.C. § 1692(e). The FDCPA prohibits debt collectors from collecting "any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law." Id. § 1692f(1). Debt collectors are strictly liable for FDCPA violations, Donohue v. Quick Collect, Inc., 592 F.3d 1027, 1030 (9th Cir. 2010), and a debt collector who violates the FDCPA is liable for actual damages, attorney's fees and costs, and additional damages not to exceed $1,000 per violation. 15 U.S.C. § 1692k. The FDCPA is "broadly remedial," and should be liberally construed in favor of consumers. McAdory v. M.N.S. & Assocs., LLC, 952 F.3d 1089, 1092 (9th Cir. 2020). * * * To avoid liability, debt collectors may raise the limited affirmative defense that their conduct was "not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error." 15 U.S.C. § 1692k(c). The burden is on the debt collector to prove this defense by a preponderance of the evidence. Id.; McCollough v. Johnson, Rodenburg & Lauinger, LLC, 637 F.3d 939, 948 (9th Cir. 2011). * * * The bona fide error defense requires a showing that the debt collector: (1) violated the FDCPA unintentionally; (2) the violation resulted from a bona fide error; and (3) the debt collector maintained procedures reasonably adapted to avoid the violation. Id. Urbina v. National Business Factors Inc., (9th Cir. 2020).
Fair Debt Collection Practices
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Author : Manuel H. Newburger
language : en
Publisher:
Release Date :
Fair Debt Collection Practices written by Manuel H. Newburger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Collection laws categories.
Oversight Hearing On Fair Debt Collection Practices Act
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Author : United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Consumer Affairs and Coinage
language : en
Publisher:
Release Date : 1984
Oversight Hearing On Fair Debt Collection Practices Act written by United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Consumer Affairs and Coinage and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Collecting of accounts categories.
Credit Cards
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Author : Alicia Puente Cackley
language : en
Publisher: DIANE Publishing
Release Date : 2010-02
Credit Cards written by Alicia Puente Cackley and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02 with Business & Economics categories.
Approx. 6.6% of credit cards (CC) were 30 or more days past due in the first qtr. of 2009 -- the highest rate in 18 years. To recover delinquent debt, CC issuers may use their own collection dept., outside collection agencies, collection law firms, or sell the debt. This report examined: (1) fed. and state consumer protections and enforcement respon. related to CC debt collection; (2) the practices involved in collecting and selling delinquent CC debt; and (3) issues that may exist related to some of these practices. To address these objectives, the author interviewed rep. from 6 large CC issuers, 6 third-party debt collection agencies, 6 debt buyers, two law firms, fed, and state agencies, and attorneys and organizations representing consumers and collectors. Illus.
