Fair Debt Collection
Author | : Robert J. Hobbs |
Publisher | : |
Total Pages | : 698 |
Release | : 1991 |
Genre | : Collection agencies |
ISBN | : |
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Author | : Robert J. Hobbs |
Publisher | : |
Total Pages | : 698 |
Release | : 1991 |
Genre | : Collection agencies |
ISBN | : |
Author | : Robert J. Hobbs |
Publisher | : |
Total Pages | : 938 |
Release | : 2000 |
Genre | : Collection agencies |
ISBN | : |
Author | : Fred Williams |
Publisher | : FT Press |
Total Pages | : 216 |
Release | : 2010-07-06 |
Genre | : Business & Economics |
ISBN | : 013212212X |
This year, America’s enormous, poorly regulated debt collection industry will make more than 1,000,000,000 collection calls. They will threaten. They will lie and mislead. They will intimidate. Over the past five years, they’ve racked up more than 300,000 complaints to the Federal Trade Commission: more than any other industry regulated by the FTC. Financial reporter Fred Williams knows more about the industry than anyone else. Not only has investigated America’s debt collection agencies, he spent three months working for one of the largest firms in the business. In Fight Back Against Unfair Debt Collection Practices Williams reveals what he learned and shows you exactly how to fight back and protect your rights. Williams weaves indispensable practical advice together with stories straight from his collection agency cubicle. You’ll learn what to do first if a collector calls; what collectors can and can’t do; which debts you are and aren’t responsible for; how collectors choose accounts to focus on; how to stop harassing or abusive calls; how to keep the advantage in a negotiation for a lucrative debt settlement; even how to take the offensive with a lawsuit that can halt collection and win yourself a $1,000 penalty!
Author | : Robert J. Hobbs |
Publisher | : |
Total Pages | : 1178 |
Release | : 2004 |
Genre | : Collection agencies |
ISBN | : |
Author | : United States |
Publisher | : |
Total Pages | : 1506 |
Release | : 2013 |
Genre | : Law |
ISBN | : |
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author | : Landmark Publications |
Publisher | : |
Total Pages | : 540 |
Release | : 2021-01-11 |
Genre | : |
ISBN | : |
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret, and apply provisions of the Fair Debt Collection Practices Act. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals.* * * The statutory purposes of the FDCPA are to "eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses." 15 U.S.C. § 1692(e). "The legislative history of the passage of the FDCPA explains that the need for the FDCPA arose" because of a number of different "collection abuses," such as the use of "'obscene or profane language, threats of violence, telephone calls at unreasonable hours, [and] misrepresentation of a consumer's legal rights.'" Kropelnicki v. Siegel, 290 F.3d 118, 127 (2d Cir. 2002) (quoting S. Rep. No. 95-382, at 2 (1977), reprinted in 1977 U.S.C.C.A.N. 1695, 1696). The legislative history of the FDCPA is clear that the statute also was intended to "eliminate the recurring problem of debt collectors dunning the wrong person." S. Rep. No. 95-382, at 4, reprinted in 1977 U.S.C.C.A.N. at 1699. The report of the House of Representatives explained: This bill also protects people who do not owe money at all. In the collector's zeal, collection efforts are often aimed at the wrong person either because of mistaken identity or mistaken facts. This bill will make collectors behave responsibly towards people with whom they deal.... Certainly a person who has a common name and is being hounded by a debt collector because of the debts of another person deserves the protection this legislation will offer. In far too many cases debt collectors do not even bother to double check common names before beginning collection efforts.H.R. Rep. 95-131 at 8 (1977). Wagner v. Chiari & Ilecki, LLP, 973 F. 3d 154 (2nd Cir. 2020)
Author | : Barry Leonard |
Publisher | : DIANE Publishing |
Total Pages | : 18 |
Release | : 2011 |
Genre | : Law |
ISBN | : 1437932118 |
This is a print on demand edition of a hard to find publication. This annual report summarizes the admin. and enforcement actions the FTC has taken under the Fair Debt Collection Practices Act (FDCPA), during 2009. These actions are part of the FTC¿s ongoing effort to curtail deceptive, unfair, and abusive debt collection practices. Such practices cause substantial consumer injury, including payment of amounts not owed, unintended waivers of rights, invasions of privacy, and emotional distress. The FDCPA prohibits deceptive, unfair, and abusive practices by third-party collectors. This report summarizes: (1) the types of consumer complaints the FTC received in 2009; (2) recent developments in FTC law enforcement; and (3) the FTC¿s 2009 consumer and industry education and policy initiatives. Illus.
Author | : LandMark Publications |
Publisher | : |
Total Pages | : 534 |
Release | : 2017-12 |
Genre | : |
ISBN | : 9781973423621 |
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Fair Debt Collection Practices Act. The selection of decisions spans from 2014 to the date of publication.The FDCPA regulates the conduct of "debt collectors," defined to include "any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another." Id. � 1692a(6). Among other things, the FDCPA prohibits debt collectors from using "any false, deceptive, or misleading representation or means in connection with the collection of any debt," and from using "unfair or unconscionable means to collect or attempt to collect any debt." Id. �� 1692e-1692f. The statute provides a non-exhaustive list of conduct that is deceptive or unfair (e.g., falsely implying that the debt collector is affiliated with the United States, id. � 1692e(1)). Debt collectors who violate the FDCPA are liable for actual damages, statutory damages of up to $1,000, and attorney's fees and costs. See id. � 1692k(a). In re Dubois, 834 F. 3d 522 (4th Cir. 2016).The definition of debt collector, which is contained in � 1692a(6), is comprised of two parts. The first part defines the classes of persons that are included within the term "debt collector," while the second part defines those classes of persons that are excluded from the definition of debt collector. The first part, defining those who are included, provides in relevant part: The term "debt collector" means any person [1] who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or [2] who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor [3] who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts.15 U.S.C. � 1692a(6) (emphasis added). Stated more simply, this provision defines a debt collector as (1) a person whose principal purpose is to collect debts; (2) a person who regularly collects debts owed to another: or (3) a person who collects its own debts, using a name other than its own as if it were a debt collector. Henson v. Santander Consumer USA, Inc., 817 F. 3d 131 (4th Cir. 2016).The second part of � 1692a(6) defines the classes of persons that are excluded from the definition of debt collector, so that a person who meets one of the definitions of debt collector contained in the first part of � 1692a(6) will not qualify as such if it falls within one of the exclusions.
Author | : Michelle Dunn |
Publisher | : Createspace Independent Publishing Platform |
Total Pages | : 0 |
Release | : 2013-01-12 |
Genre | : |
ISBN | : 9781481964692 |
Keep on track with your collections efforts, and avoid Fair Debt Collection Practices Act violations. This easy to understand book by Michelle Dunn, Understanding the Fair Debt Collection Practices Act, can help you understand and follow the FDCPA as well as explain how the CFPB is affecting regulations. As the economy falters and the credit crisis continues to affect consumers help keep your business out of a lawsuit by better understanding and learning more about the Fair Debt Collection Practices Act, who is affected, what debts are covered, who enforces it and how you can collect more money while following the law. Failing to properly train collectors is a top reason companies get sued. Don't let this happen to you! Learn as much as you can about what constitutes a violation of the FDCPA and how you can avoid making those mistakes.
Author | : United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Consumer Affairs and Coinage |
Publisher | : |
Total Pages | : 192 |
Release | : 1984 |
Genre | : Collecting of accounts |
ISBN | : |