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

Federal class action defense attorneys know that the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., provides debtors with a means for challenging payoff demands and determining the validity and accuracy of asserted debts. The specific statutory language of the FDCPA concerning the validation of debts is quoted below: § 1692g. Validation of debts (a) Notice of debt; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing–

FDCPA Class Actions Statutes & Rules Uncategorized

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

A defense lawyer in a federal class action under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., often confronts allegations of “unfair practices” by debt collectors. As a resource to attorneys in class actions, we here provide the statutory language of the FDCPA relevant to such claims: § 1692f. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt.

FDCPA Class Actions Statutes & Rules Uncategorized

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

Defense attorneys often deal with class actions under the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., alleging false or misleading representations made by debt collectors. As a resource for the class action defense lawyer, we set forth the language of the application statute under the FDCPA: § 1692e. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

FDCPA Class Actions Statutes & Rules Uncategorized

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

As a resource for federal defense lawyer defending against class actions under the 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: § 1692d. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.

FDCPA Class Actions Statutes & Rules Uncategorized

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)

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

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)

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

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

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

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

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

Class Action Fairness Act of 2005 (CAFA): Text for the Class Action Defense Lawyer

PUBLIC LAW 109 2|FEB. 18, 2005

109th Congress

119 STAT. 4

An Act

To amend the procedures that apply to consideration of interstate class actions to assure fairer outcomes for class members and defendants, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

__

28 USC § 1 note

SECTION 1. SHORT TITLE; REFERENCE; TABLE OF CONTENTS.

(a) SHORT TITLE.|This Act may be cited as the Class Action Fairness Act of 2005.

(b) REFERENCE.|Whenever in this Act reference is made to an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 28, United States Code.

(c) TABLE OF CONTENTS.|The table of contents for this Act is as follows:

Sec. 1. Short title; reference; table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Consumer class action bill of rights and improved procedures for interstate class actions.

Sec. 4. Federal district court jurisdiction for interstate class actions.

Sec. 5. Removal of interstate class actions to Federal district court.

Sec. 6. Report on class action settlements.

Sec. 7. Enactment of Judicial Conference recommendations.

Sec. 8. Rulemaking authority of Supreme Court and Judicial Conference.

Sec. 9. Effective date.

Statutes & Rules Uncategorized

Rule 23. Class Actions – Defense of Class Action Issues

Defending Against Class Actions

In defending against class actions, the single most important motion facing a defendant is the plaintiff’s motion to certify a class. In federal court, Rule 23 of the Federal Rules of Civil Procedure governs class actions. The class action requirements of Rule 23 are mandatory. Class Rule 23(a) requires that the plaintiff demonstrate numerosity, commonality and typicality, and that the class members will be adequately represented, and must additionally demonstrate that the action satisfies Rule23(b). Separate articles discuss the elements of the Rule 23(a) and Rule 23(b). For the convenience of the reader, we set forth the full text of Rule 23 below.

Rule 23. Class Actions

(a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

Statutes & Rules Uncategorized