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Communication in Connection with Debt Collection (15 U.S.C. § 1692c): Statutory Language for the Defense Lawyer of Class Action Lawsuits Under the Federal FDCPA (Fair Debt Collection Practices Act)

Jul 4, 2006 | By: Michael J. Hassen

As a resource for defense lawyer defending against class actions under the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., we provide on this site the text of the FDCPA. Attorneys in FDCPA class action cases often concern communications from debt collectors, which is governed by the following statute: § 1692c. Communication in connection with debt collection (a) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt–

FDCPA Class Actions Statutes & Rules Uncategorized

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Acquisition of Location Information (15 U.S.C. § 1692b): Statutory Language for the Defense Lawyer of Class Action Lawsuits Under Federal FDCPA (Fair Debt Collection Practices Act)

Jul 3, 2006 | By: Michael J. Hassen

As a resource for the class action defense lawyer defending against class actions under the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., we provide the text of the FDCPA on this site for attorneys. § 1692b. Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall– (1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

FDCPA Class Actions Statutes & Rules Uncategorized

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Definitions Under Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692a): Statutory Language for the Defense Lawyer of FDCPA Class Action Lawsuits

Jul 2, 2006 | By: Michael J. Hassen

As a resource for attorneys defending against class actions under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., we provide the text of the FDCPA. This article sets forth for the class action defense lawyer the definitions used in the FDCPA: >§ 1692a. Definitions As used in this subchapter– (1) The term “Commission” means the Federal Trade Commission. (2) The term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.

FDCPA Class Actions Statutes & Rules Uncategorized

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15 U.S.C. § 1692 – Congressional Findings and Declaration of Purpose for the Fair Debt Collection Practices Act: Statutory Language for the Defense Lawyer of Class Action Lawsuits Under the FDCPA

Jul 1, 2006 | By: Michael J. Hassen

As summarized in a separate article, Congress enacted the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., in 1978 for the purpose of establishing certain that ethical guidelines for the collection of consumer debts, and to provide debtors with a means for challenging payoff demands and determining the validity and accuracy of asserted debts. The FDCPA has been a well-spring for class action lawsuits since its inception, and the class action defense lawyer still confronts new twists to FDCPA claims.

FDCPA Class Actions Statutes & Rules Uncategorized

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Class Action Defense Issues–Alibrandi v. Financial Outsourcing

Jun 30, 2006 | By: Michael J. Hassen

Debt Servicer Automatically Becomes Debt Collector Under FDCPA (Fair Debt Collection Practices Act) If Lender Previously Declared Loan In Default Second Circuit Holds

In 1978, Congress added Title VIII to the Consumer Credit Protection Act entitled the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692 et seq., as a line of defense between consumers and debt collectors. (Some states, such as California, have enacted parallel state laws, but those are outside the scope of this article.) Congress intended the FDCPA to establish certain ethical guidelines for the collection of consumer debts, and to provide debtors with a means for challenging payoff demands and determining the validity and accuracy of asserted debts. FDCPA has become fertile ground for class action lawsuits; in some of these class actions, the plaintiff’s lawyer has been so bold as to name law firms and attorneys as defendants, in addition to debt collectors. The lawyer who represents debt collectors must use care as the FDCPA has resulted in surprising rulings. One such surprising case, at least for the defense team, is Alibrandi v. Financial Outsourcing Serv., Inc., 333 F.3d 82 (2d Cir. 2003), a New York putative class action.

By way of background, the FDCPA mandates that debt collectors include certain warnings in their first correspondence with debtors. 15 U.S.C. § 1692e(11). For example, the debt collector must inform the debtor of the name of the creditor, the amount of the debt, and the debtor’s right to challenge the validity of the debt. See 15 U.S.C. § 1692g(a). It is a general rule, however, that these warnings need be provided only by a “debt collector” – they need not be provided by a “debt servicer.” See Alibrandi, at 83 (“Significantly, if Financial Outsourcing were a debt service provider, its correspondence with debtors would not have to include the statutory warnings.”).

Class Action Court Decisions FDCPA Class Actions Uncategorized

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The Defense of Class Action Cases: California Issues

Jun 21, 2006 | By: Michael J. Hassen

California’s Fair Debt Collection Practices Act: A Brief Overview

In 1978, Congress added Title VIII to the Consumer Credit Protection Act entitled the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq. Several states, such as California, have enacted consumer protection laws based upon the FDCPA. California’s version of the federal FDCPA is the Rosenthal Fair Debt Collection Practices Act. California Civil Code § 1788 et seq.

California Civil Code section 1812.700 provides:

(a) In addition to the requirements imposed by Article 2 …, third-party debt collectors subject to the federal Fair Debt Collection Practices Act … shall provide a notice to debtors that shall include the following description of debtor rights:

“The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov.”

(b) The notice shall be included with the first written notice initially addressed to a California address of a debtor in connection with collecting the debt by the third-party debt collector.

© If a language other than English is principally used by the third-party debt collector in the initial oral contact with the debtor, a notice shall be provided to the debtor in that language within five working days.

FDCPA Class Actions Uncategorized

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FDCPA (Fair Debt Collection Practices Act) Class Actions: Class Action Defense Issues

Jun 20, 2006 | By: Michael J. Hassen

Fair Debt Collection Practices Act: A Brief Overview of Federal Law In 1978, Congress added Title VIII to the Consumer Credit Protection Act entitled the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq. Congress intended the FDCPA to make certain that ethical guidelines for the collection of consumer debts, and to provide debtors with a means for challenging payoff demands and determining the validity and accuracy of asserted debts.

FDCPA Class Actions Uncategorized

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Recent Developments In California Class Action Defense

Jun 20, 2006 | By: Michael J. Hassen

A New Twist On Fair Debt Collection Practices Act Class Actions California courts have been inundated with class actions alleging violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., and its California equivalent, the Rosenthal Fair Debt Collection Practices Act, California Civil Code § 1788 et seq. While California class action firms originally named the debt collection companies, the lawsuits were soon expanded to include California and out-of-state lawyers and law firms that assisted such debt collection companies in their efforts.

Class Actions In The News FDCPA Class Actions Uncategorized

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