Understanding and Following the Fair Debt Collection Practices Act PDF Download
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Author: Michelle Dunn
Publisher: Createspace Independent Publishing Platform
ISBN: 9781481964692
Category :
Languages : en
Pages : 0
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Book Description
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: Michelle Dunn
Publisher: Createspace Independent Publishing Platform
ISBN: 9781481964692
Category :
Languages : en
Pages : 0
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Book Description
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
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1506
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Book Description
"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: LandMark Publications
Publisher:
ISBN: 9781692295417
Category :
Languages : en
Pages : 542
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Book Description
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 covers the Sixth through the Eleventh Circuit Court of Appeals. * * * The FDCPA broadly prohibits the use of any "false, deceptive, or misleading representation or means in connection with the collection of any debt." 15 U.S.C. � 1692e. Along with this general prohibition, the statute lists specific examples of prohibited conduct. See id.; see also Nielsen v. Dickerson, 307 F.3d 623, 634 (7th Cir. 2002) (describing this list as "nonexclusive"). The following examples are relevant here: "[t]he false representation of ... the character, amount, or legal status of any debt"; "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"; and "[t]he use of any false representation or deceptive means to collect or attempt to collect any debt ...." 15 U.S.C. � 1692e(2)(A), (5), (10).Even if a statement in a dunning letter is "false in some technical sense," it does not violate � 1692e unless it would confuse or mislead an unsophisticated consumer. See Wahl v. Midland Credit Mgmt., Inc., 556 F.3d 643, 645-46 (7th Cir. 2009); Turner v. J.V.D.B. & Assocs., Inc., 330 F.3d 991, 995 (7th Cir. 2003). "The unsophisticated consumer is 'uninformed, naive, [and] trusting, ' but possesses 'rudimentary knowledge about the financial world, is wise enough to read collection notices with added care, possesses "reasonable intelligence," and is capable of making basic logical deductions and inferences.'" Williams v. OSI Educ. Servs., Inc., 505 F.3d 675, 678 (7th Cir. 2007) (alteration in original) (quoting Pettit v. Retrieval Masters Creditor Bureau, Inc., 211 F.3d 1057, 1060 (7th Cir. 2000)). An unsophisticated consumer "may tend to read collection letters literally, [but] he does not interpret them in a bizarre or idiosyncratic fashion." Pettit, 211 F.3d at 1060. That is, "[t]he 'unsophisticated consumer' isn't a dimwit." Wahl, 556 F.3d at 645.Moreover, "[a] statement cannot mislead unless it is material." Hahn v. Triumph P'hips, LLC, 557 F.3d 755, 758 (7th Cir. 2009). After all, "[t]he purpose of the Fair Debt Collection Practices Act is to protect consumers, and they don't need protection against false statements that are immaterial in the sense that they would not influence a consumer's decision." Muha v. Encore Receivable Mgmt., Inc., 558 F.3d 623, 628 (7th Cir. 2009). In this context, a statement is material if it would "influence a consumer's decision ... to pay a debt in response to a dunning letter." Id.Boucher v. Finance System of Green Bay, Inc., 880 F. 3d 362 (7th Cir. 2018)
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Robert J. Hobbs
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 276
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Author:
Publisher:
ISBN:
Category : Electronic government information
Languages : en
Pages : 62
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Author: United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Consumer Affairs
Publisher:
ISBN:
Category : Collection laws
Languages : en
Pages : 784
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Author: Robert J. Hobbs
Publisher:
ISBN:
Category : Collection agencies
Languages : en
Pages : 136
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Author: LandMark Publications
Publisher:
ISBN: 9781973423621
Category :
Languages : en
Pages : 534
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Book Description
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:
Publisher:
ISBN:
Category : Finance
Languages : en
Pages :
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