The number of class actions filed against the credit and collection industry continues to rise, and FDCPA class actions remains a favorite among consumer attorneys. Although it is easy for a consumer to file a class action, getting a class
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The CFPB’s Plans For The Collection Industry
By Tomio Narita
If you are a collection professional working for a creditor, debt buyer, collection agency or collection law firm, and you have not yet added the website for the Consumer Financial Protection Bureau (CFPB) to the favorites on your web browser,…
Only “Material” Disputes Support A Claim Under Section 1692e(8) Of The FDCPA
By Tomio Narita
When a consumer disputes their debt, an accepted and conservative practice is for the data furnisher to promptly report the dispute to the consumer reporting agencies. But under what circumstances will the failure to report a dispute give rise to…
Can The CFPB Make Debt Collectors Reveal Their Attorney-Client Privileged Documents?
By Tomio Narita
Does the Consumer Financial Protection Bureau (CFPB) have the power to tell debt collectors to turn over their attorney-client privileged communications? The answer may depend on who you ask. The CFPB claims to have the right to obtain privileged documents…
The Limits On Direct And Vicarious Liability Under The FDCPA
By Tomio Narita
Consumers and their attorneys are constantly seeking to expand the pool of potential FDCPA defendants using principles of vicarious liability. Debt buyers are being sued based on the conduct of their agencies and law firms. Lawyers and agency owners are…
NARCA Urges The United States Supreme Court To Overturn Lesher And To Reject The “Meaningful Involvement” Doctrine
By Tomio Narita
The FDCPA prohibits collection lawyers from making materially false or misleading statements to consumers or to third parties when collecting consumer debts. But the FDCPA was not designed to regulate the practice of law. The Act does not define when…
Why Your FDCPA Plaintiff May Lack Standing To Sue You
By Tomio Narita
Thousands of FDCPA lawsuits are filed in federal courts across the country each year, and in most cases, the plaintiff has not suffered any actual damages resulting from the alleged violation. Most consumers are pursuing only statutory damages, which are…