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Author : United States
Publisher :
ISBN 13 :
Total Pages : 1216 pages
Book Rating : 4.:/5 (327 download)
Download or read book United States Code written by United States and published by . This book was released on 2012 with total page 1216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : LandMark Publications
Publisher :
ISBN 13 : 9781089938965
Total Pages : 542 pages
Book Rating : 4.9/5 (389 download)
Download or read book Fair Debt Collection Practices Act written by LandMark Publications and published by . This book was released on 2019-09-05 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * Congress enacted the FDCPA in 1977 "to eliminate abusive debt collection practices by debt collectors" and "to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged." 15 U.S.C. � 1692(e). It provides a private right of action against debt collectors who violate its provisions. 15 U.S.C. � 1692k; see also Brown v. Card Serv. Ctr., 464 F.3d 450, 453 (3d Cir. 2006). "As remedial legislation, the FDCPA must be broadly construed in order to give full effect to these purposes." Caprio v. Healthcare Revenue Recovery Grp., LLC, 709 F.3d 142, 148 (3d Cir. 2013)."To prevail on an FDCPA claim, a plaintiff must prove that (1) she is a consumer, (2) the defendant is a debt collector, (3) the defendant's challenged practice involves an attempt to collect a 'debt' as the [FDCPA] defines it, and (4) the defendant has violated a provision of the FDCPA in attempting to collect the debt." St. Pierre v. Retrieval-Masters Creditors Bureau, Inc., 898 F.3d 351, 358 (3d Cir. 2018) (quoting Douglass v. Convergent Outsourcing, 765 F.3d 299, 303 (3d Cir. 2014)). [. . .][T]he statute defines "debt collector" as 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" (the "principal purpose" definition), or (2) "who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another" (the "regularly collects" definition). 15 U.S.C. � 1692a(6). The statute thus provides two separate paths to establishing an entity's status as a "debt collector." See Henson, 137 S.Ct. at 1721.Barbato v. Greystone Alliance, LLC, 916 F. 3d 260 (3rd Cir. 2019)
Author : LandMark Publications
Publisher :
ISBN 13 : 9781973423621
Total Pages : 534 pages
Book Rating : 4.4/5 (236 download)
Download or read book Fair Debt Collection Practices Act written by LandMark Publications and published by . This book was released on 2017-12 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Landmark Publications
Publisher :
ISBN 13 :
Total Pages : 540 pages
Book Rating : 4.5/5 (885 download)
Download or read book Fair Debt Collection Practices Act written by Landmark Publications and published by . This book was released on 2021-01-11 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)
Author : United States. Congress. House. Committee on Banking, Currency and Housing. Subcommittee on Consumer Affairs
Publisher :
ISBN 13 :
Total Pages : 370 pages
Book Rating : 4.0/5 (13 download)
Download or read book The Debt Collection Practices Act written by United States. Congress. House. Committee on Banking, Currency and Housing. Subcommittee on Consumer Affairs and published by . This book was released on 1976 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Landmark Publications
Publisher : Independently Published
ISBN 13 :
Total Pages : 542 pages
Book Rating : 4.5/5 (919 download)
Download or read book Fair Debt Collection Practices Act written by Landmark Publications and published by Independently Published. This book was released on 2021-01-15 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Author :
Publisher :
ISBN 13 : 9781602482104
Total Pages : 0 pages
Book Rating : 4.4/5 (821 download)
Download or read book Surviving Debt written by and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Fred Williams
Publisher : FT Press
ISBN 13 : 013212212X
Total Pages : 216 pages
Book Rating : 4.1/5 (321 download)
Download or read book Fight Back Against Unfair Debt Collection Practices written by Fred Williams and published by FT Press. This book was released on 2010-07-06 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This year, America’s enormous, poorly regulated debt collection industry will make more than 1,000,000,000 collection calls. They will threaten. They will lie and mislead. They will intimidate. Over the past five years, they’ve racked up more than 300,000 complaints to the Federal Trade Commission: more than any other industry regulated by the FTC. Financial reporter Fred Williams knows more about the industry than anyone else. Not only has investigated America’s debt collection agencies, he spent three months working for one of the largest firms in the business. In Fight Back Against Unfair Debt Collection Practices Williams reveals what he learned and shows you exactly how to fight back and protect your rights. Williams weaves indispensable practical advice together with stories straight from his collection agency cubicle. You’ll learn what to do first if a collector calls; what collectors can and can’t do; which debts you are and aren’t responsible for; how collectors choose accounts to focus on; how to stop harassing or abusive calls; how to keep the advantage in a negotiation for a lucrative debt settlement; even how to take the offensive with a lawsuit that can halt collection and win yourself a $1,000 penalty!
Author : Jake Halpern
Publisher : Farrar, Straus and Giroux
ISBN 13 : 0374711240
Total Pages : 256 pages
Book Rating : 4.3/5 (747 download)
Download or read book Bad Paper written by Jake Halpern and published by Farrar, Straus and Giroux. This book was released on 2014-10-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Federal Trade Commission receives more complaints about rogue debt collecting than about any activity besides identity theft. Dramatically and entertainingly, Bad Paper reveals why. It tells the story of Aaron Siegel, a former banking executive, and Brandon Wilson, a former armed robber, who become partners and go in quest of "paper"—the uncollected debts that are sold off by banks for pennies on the dollar. As Aaron and Brandon learn, the world of consumer debt collection is an unregulated shadowland where operators often make unwarranted threats and even collect debts that are not theirs. Introducing an unforgettable cast of strivers and rogues, Jake Halpern chronicles their lives as they manage high-pressure call centers, hunt for paper in Las Vegas casinos, and meet in parked cars to sell the social security numbers and account information of unsuspecting consumers. He also tracks a "package" of debt that is stolen by unscrupulous collectors, leading to a dramatic showdown with guns in a Buffalo corner store. Along the way, he reveals the human cost of a system that compounds the troubles of hardworking Americans and permits banks to ignore their former customers. The result is a vital exposé that is also a bravura feat of storytelling.
Author : David J. Cook
Publisher :
ISBN 13 : 9781627224956
Total Pages : 0 pages
Book Rating : 4.2/5 (249 download)
Download or read book The Debt Collector's Handbook written by David J. Cook and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winning your case in court is only half the battle. It's a fact that some people hide their assets to avoid paying debts and judgments. This truly unique book will show you how to find and reach that hidden money. Author David J. Cook is a veteran collections attorney who has been chasing down debtors for over 39 years. This colorfully written book will teach you the basics of civil remedies, real estate, finance, and sleuthing. The author outlines for you the power of the bluff and the outer parameters of threat, when a threat becomes extortion, and when you need to walk away from a situation. This book is about collecting debts, finding assets, enforcing judgments against difficult people, or, should you be so inclined, beating out your creditors.
Author : Michelle Dunn
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781481964692
Total Pages : 0 pages
Book Rating : 4.9/5 (646 download)
Download or read book Understanding and Following the Fair Debt Collection Practices Act written by Michelle Dunn and published by Createspace Independent Publishing Platform. This book was released on 2013-01-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Keep on track with your collections efforts, and avoid Fair Debt Collection Practices Act violations. This easy to understand book by Michelle Dunn, Understanding the Fair Debt Collection Practices Act, can help you understand and follow the FDCPA as well as explain how the CFPB is affecting regulations. As the economy falters and the credit crisis continues to affect consumers help keep your business out of a lawsuit by better understanding and learning more about the Fair Debt Collection Practices Act, who is affected, what debts are covered, who enforces it and how you can collect more money while following the law. Failing to properly train collectors is a top reason companies get sued. Don't let this happen to you! Learn as much as you can about what constitutes a violation of the FDCPA and how you can avoid making those mistakes.
Author : United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Consumer Affairs and Coinage
Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.:/5 (327 download)
Download or read book 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 published by . This book was released on 1984 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jon Leibowitz
Publisher : DIANE Publishing
ISBN 13 : 1437936350
Total Pages : 106 pages
Book Rating : 4.4/5 (379 download)
Download or read book Repairing a Broken System written by Jon Leibowitz and published by DIANE Publishing. This book was released on 2010-11 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: Creditors and collectors seek to recover consumer debts through the use of litigation and arbitration. But, neither litigation nor arbitration currently provides adequate protection for consumers. The system for resolving disputes about consumer debts is broken. To fix the system, federal and state governments, the debt collection industry, and other stakeholders should make a variety of significant reforms in litigation and arbitration so that the system is both efficient and fair. Contents of this report: Introduction; Litigation and Arbitration Proceedings; Conclusion. Appendices: Debt Collection Roundtable (DCR) Panelists; Contributors to DCR; Agendas for DCR; DCR Public Comments; Sample State Debt Collection Checklists. Illustrations.
Author : Robert J. Hobbs
Publisher :
ISBN 13 :
Total Pages : 502 pages
Book Rating : 4.F/5 ( download)
Download or read book Fair Debt Collection written by Robert J. Hobbs and published by . This book was released on 2000 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Barry Leonard
Publisher : DIANE Publishing
ISBN 13 : 1437932118
Total Pages : 18 pages
Book Rating : 4.4/5 (379 download)
Download or read book Fair Debt Collection Practices Act written by Barry Leonard and published by DIANE Publishing. This book was released on 2011 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Arthur Winston
Publisher :
ISBN 13 :
Total Pages : 728 pages
Book Rating : 4.F/5 ( download)
Download or read book Complete Guide to Credit and Collection Law written by Arthur Winston and published by . This book was released on 1996 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text gives advice to help credit managers steer clear of litigation, and serves as a guide through the ever-changing maze of credit and collection law. It provides coverage of all aspects of the Debt Collection Practices Act, Truth in Lending Act and other relevant legislation. It also contains explanations of legal terminology, guidelines, procedures, tactics and examples.
Author : United States. Congress. House. Committee on Banking, Currency and Housing
Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.3/5 (121 download)
Download or read book Debt Collection Practices Act written by United States. Congress. House. Committee on Banking, Currency and Housing and published by . This book was released on 1976 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
