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If a law firm sends a letter seeking to collect the correct amount, from the correct consumer, on behalf of the correct creditor, can the consumer still sue, claiming the firm violated the FDCPA because no attorney was “meaningfully involved”
Continue Reading Sixth Circuit Holds Consumer Lacked Standing To Pursue “Meaningful Attorney Involvement” Claim

Few things are more fundamental in the law than the principle that a lawyer owes a duty of loyalty to the client, a duty to be vigorous advocate within the bounds of the law, and a duty to maintain the
Continue Reading Why Every Lawyer And Client Should Be Fighting To Stop The “Meaningful Attorney Involvement” Doctrine From Spreading

Attorneys and other entitiesthat regularly engagein collection work for community associations may be subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C.§ 1692 et. seq.,as well as analogous state laws governing the consumer collection process. Practitioners
Continue Reading Emerging Trends In FDCPA Litigation Against Community Association Attorneys

(This post is adopted from the materials presented at the CAI Law Seminar in Las Vegas, Nevada on January 20, 2017)Demystifying the FDCPA Class Action For HOA Attorneys      Consumer attorneys have been filing FDCPA class actions against collection
Continue Reading For Attorneys Representing Community Associations: A Primer On FDCPA Class Actions And How To Avoid Them

When collectors get sued in an FDCPA action, they face a steep uphill battle.  Courts apply the very pro-consumer “least sophisticated debtor” standard when evaluating a collector’s communications, and most violations of the Act are “strict liability” – meaning the
Continue Reading The “Least Sophisticated Debtor” Is Getting More Sophisticated, And Has An Improved Memory Too

          The CFPB has entered into consent orders with major creditors, debt buyers and law firms during the past year relating to key areas of their collection practices.  The consent orders impose significant new requirements relating to
Continue Reading Consent Order Compliance: Navigating The CFPB’s Unofficial “Rules” Governing Debt Collection