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The Federal Debt Collection Procedures Act Of 1988
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Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice Publisher : ISBN 13 : Total Pages :244 pages Book Rating :4.0/5 (2 download)
Book Synopsis The Federal Debt Collection Procedures Act of 1988 by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice
Download or read book The Federal Debt Collection Procedures Act of 1988 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice and published by . This book was released on 1989 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice Publisher : ISBN 13 : Total Pages :0 pages Book Rating :4.:/5 (19 download)
Book Synopsis The Federal Debt Collection Procedures Act of 1988 by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice
Download or read book The Federal Debt Collection Procedures Act of 1988 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice and published by . This book was released on 1989 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis United States Code by : United States
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law Publisher : ISBN 13 : Total Pages :204 pages Book Rating :4.0/5 (18 download)
Book Synopsis Federal Debt Collection Procedures by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law
Download or read book Federal Debt Collection Procedures written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law and published by . This book was released on 1990 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federal Debt Collection Procedures Act by : Joyce J. George
Download or read book Federal Debt Collection Procedures Act written by Joyce J. George and published by . This book was released on 1991 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federal Debt Collection Procedures Act of 1990 by : United States. Congress. House. Committee on the Judiciary
Download or read book Federal Debt Collection Procedures Act of 1990 written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1990 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Energy, Nuclear Proliferation, and Government Processes Publisher : ISBN 13 : Total Pages :180 pages Book Rating :4.0/5 (17 download)
Book Synopsis Federal Debt Recovery Act of 1985 by : United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Energy, Nuclear Proliferation, and Government Processes
Download or read book Federal Debt Recovery Act of 1985 written by United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Energy, Nuclear Proliferation, and Government Processes and published by . This book was released on 1986 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Energy, Nuclear Proliferation, and Government Processes Publisher : ISBN 13 : Total Pages :126 pages Book Rating :4.F/5 ( download)
Book Synopsis Federal Debt Recovery Act by : United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Energy, Nuclear Proliferation, and Government Processes
Download or read book Federal Debt Recovery Act written by United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Energy, Nuclear Proliferation, and Government Processes and published by . This book was released on 1984 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice Publisher : ISBN 13 : Total Pages :224 pages Book Rating :4.0/5 ( download)
Book Synopsis The Federal Debt Collection Procedures Act of 1988 by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice
Download or read book The Federal Debt Collection Procedures Act of 1988 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice and published by . This book was released on 1989 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Fair Debt Collection Practices Act by : Landmark Publications
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)
Book Synopsis The Debt Collection Practices Act by : United States. Congress. House. Committee on Banking, Currency and Housing. Subcommittee on Consumer Affairs
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:
Book Synopsis Repairing a Broken System by : Jon Leibowitz
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.
Book Synopsis Federal Debt Collection Procedures Act of 1990 by : United States. Congress. House. Committee on the Judiciary
Download or read book Federal Debt Collection Procedures Act of 1990 written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1990 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Debt Collection by : Margaret C. Jasper
Download or read book The Law of Debt Collection written by Margaret C. Jasper and published by . This book was released on 1997 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides the debtor with an overview of the law applicable to debt collection and advises the debtor on ways to manage debt. The appendix provides tables and text of applicable statutes, and other pertinent information. The Legal Almanac series serves to educate the general public on a variety of legal issues pertinent to everyday life and to keep readers informed of their rights and remedies under the law. Each volume in the series presents an explanation of a specific legal issue in simple, clearly written text, making the Almanac a concise and perfect desktop reference tool. All volumes provide state-by-state coverage. Selected state statutes are included, as are important case law and legislation, charts and tables for comparison.
Book Synopsis Fair Debt Collection Practices Act by : Landmark Publications
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 :United States. Department of Justice. Privacy and Civil Liberties Office Publisher :Office of Information & Privacy ISBN 13 : Total Pages :336 pages Book Rating :4.:/5 (334 download)
Book Synopsis Overview of the Privacy Act of 1974 by : United States. Department of Justice. Privacy and Civil Liberties Office
Download or read book Overview of the Privacy Act of 1974 written by United States. Department of Justice. Privacy and Civil Liberties Office and published by Office of Information & Privacy. This book was released on 2012 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2012 edition. Issued biennially. Contains a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.
Book Synopsis Fair Debt Collection Practices ACT by : Landmark Publications
Download or read book Fair Debt Collection Practices ACT written by Landmark Publications and published by . This book was released on 2018-08-20 with total page 552 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. * * * Congress enacted the FDCPA to curb "abusive, deceptive, and unfair debt collection practices." 15 U.S.C. § 1692(a). Among other things, the Act seeks "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." Id. § 1692(e). To effectuate these purposes, Congress proscribed the use of "any false, deceptive, or misleading representation or means in connection with the collection of any debt" and provided a list of sixteen examples of such prohibited conduct. Id. § 1692e. These include making "false representation[s]" about "the character, amount, or legal status of any debt," id. § 1692e(2)(A), and "threat[ening] to take any action that cannot legally be taken or that is not intended to be taken," id. § 1692e(5). As we have noted, "[b]ecause the list of the sixteen subsections is non-exhaustive, a debt collection practice can be a 'false, deceptive, or misleading' practice in violation of section 1692e even if it does not fall within any of the subsections." Lesher v. Law Offices of Mitchell N. Kay, PC, 650 F.3d 993, 997 (3d Cir. 2011). Tatis v. Allied Interstate, LLC, 882 F. 3d 422 (3rd Cir. 2018).
