Collection attorneys who are nervous about the risks involved in handling consumer accounts can relax. The CFPB has devised an ideal litigation strategy for you to follow. Let’s take a closer look at what the Bureau wants you to
FDCPA Defense Blog
The FDCPA Defense Blog, published by Simmonds & Narita LLP, focuses on legal issues related to the Fair Debt Collection Practices Act (FDCPA). It covers topics such as litigation trends involving debt collection practices, defenses against FDCPA claims, and the impact of recent court decisions on creditors and debt collectors. The blog also addresses specific challenges faced by attorneys representing homeowners associations and creditors, including the implications of the "meaningful attorney involvement" doctrine and the definition of debt collection under the FDCPA. It provides analysis of regulatory actions and evolving legal standards affecting debt collection litigation and compliance.
Latest from FDCPA Defense Blog - Page 2
Will You Know A “Dispute” When You See It?
By Tomio Narita
How can a collector accurately identify, track, and respond to consumer disputes when the FDCPA does not define what a “dispute” is? When Supreme Court Justice Potter Stewart famously stated, “I know it when I
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Is Your Envelope “Benign” Under The FDCPA?
By Tomio Narita
The FDCPA prohibits a collector from placing “any language or symbol” on a debt collection envelope, other than the collector’s address. That’s right, you read that sentence correctly – absolutely nothing can be safely placed
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Avoiding Overshadowing Claims
By Tomio Narita
Section 1692g of the FDCPA says collectors must provide notice to consumers within five days of the initial communication regarding the debt, stating the amount of the debt, the name of the current creditor, and
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Why The CFPB’s Position On Time-Barred Debt Is Bad For Consumers
By Tomio Narita
Does a consumer need to be “protected” from repaying his own debts? Can a consumer be “harmed” if he voluntarily makes a payment on a debt that he admittedly owes? The CFPB apparently believes that
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Is The CFBP’s Position On Credit Reporting Statements Consistent With The Case Law?
By Tomio Narita
The CFPB does not want debt collectors to tell consumers that paying their debts might help them to improve their credit score. Nor does the CFPB want collectors to encourage consumers to pay by informing them that their failure
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Can Recent Enforcement Actions Provide Guidance On The CFPB’s Position On UDAAPs?
By Tomio Narita
The Dodd-Frank Act gave the Consumer Financial Protection Bureau (“CFPB”) sweeping authority to prohibit the use of “unfair, deceptive or abusive” acts or practices (“UDAAPs”) in connection with the collection of consumer debts. These terms are broadly defined to
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When Is A Lawyer Or Law Firm “Regularly” Collecting Debts Under The FDCPA?
By Tomio Narita
Beginning in 1995, when the Supreme Court issued Heintz v. Jenkins, 514 U.S. 291 (1995), lawyers have known that if they seek to collect consumer debts for clients – even when doing so through litigation – they might qualify as…
Why California Fair Debt Buyer’s Act May Decrease Communication And Increase Litigation Between Debt Buyers And Consumers
By Tomio Narita
On July 11, 2013, California passed the FairDebt Buying Practices Act, California Civil Code section 1788.50 et. seq., in response to criticism that debt buyers did not have adequate documentation to support the collection lawsuits they were filing
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Where’s The Beef? The FTC 2013 Report On Debt Buyers Contains Zero Evidence Of Debt Collection Abuses
By Tomio Narita
The FTC recently released its 162-page report entitled “The Structure and Practices of the Debt Buying Industry” which describes a comprehensive study conducted by the FTC over a three-year period using data obtained from the nation’s largest debt buyers.…