United States Code
Author | : United States |
Publisher | : |
Total Pages | : 1420 |
Release | : 2001 |
Genre | : Law |
ISBN | : |
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Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Fair Debt Collection Practice Act PDF full book. Access full book title The Fair Debt Collection Practice Act.
Author | : United States |
Publisher | : |
Total Pages | : 1420 |
Release | : 2001 |
Genre | : Law |
ISBN | : |
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 | : Landmark Publications |
Publisher | : Independently Published |
Total Pages | : 544 |
Release | : 2022-02-23 |
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. * * * Congress enacted the FDCPA in 1977 "to eliminate abusive debt collection practices by debt collectors" and "to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged." 15 U.S.C. § 1692(e). It provides a private right of action against debt collectors who violate its provisions. 15 U.S.C. § 1692k; see also Brown v. Card Serv. Ctr., 464 F.3d 450, 453 (3d Cir. 2006). "As remedial legislation, the FDCPA must be broadly construed in order to give full effect to these purposes." Caprio v. Healthcare Revenue Recovery Grp., LLC, 709 F.3d 142, 148 (3d Cir. 2013). "To prevail on an FDCPA claim, a plaintiff must prove that (1) she is a consumer, (2) the defendant is a debt collector, (3) the defendant's challenged practice involves an attempt to collect a 'debt' as the [FDCPA] defines it, and (4) the defendant has violated a provision of the FDCPA in attempting to collect the debt." St. Pierre v. Retrieval-Masters Creditors Bureau, Inc., 898 F.3d 351, 358 (3d Cir. 2018) (quoting Douglass v. Convergent Outsourcing, 765 F.3d 299, 303 (3d Cir. 2014)). [. . .] [T]he statute defines "debt collector" as 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" (the "principal purpose" definition), or (2) "who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another" (the "regularly collects" definition). 15 U.S.C. § 1692a(6). The statute thus provides two separate paths to establishing an entity's status as a "debt collector." See Henson, 137 S.Ct. at 1721. Barbato v. Greystone Alliance, LLC, 916 F. 3d 260 (3rd Cir. 2019)
Author | : Robert J. Hobbs |
Publisher | : |
Total Pages | : 502 |
Release | : 2000 |
Genre | : Collection agencies |
ISBN | : |
Author | : Jon Leibowitz |
Publisher | : DIANE Publishing |
Total Pages | : 106 |
Release | : 2010-11 |
Genre | : |
ISBN | : 1437936350 |
Creditors and collectors seek to recover consumer debts through the use of litigation and arbitration. But, neither litigation nor arbitration currently provides adequate protection for consumers. The system for resolving disputes about consumer debts is broken. To fix the system, federal and state governments, the debt collection industry, and other stakeholders should make a variety of significant reforms in litigation and arbitration so that the system is both efficient and fair. Contents of this report: Introduction; Litigation and Arbitration Proceedings; Conclusion. Appendices: Debt Collection Roundtable (DCR) Panelists; Contributors to DCR; Agendas for DCR; DCR Public Comments; Sample State Debt Collection Checklists. Illustrations.
Author | : United States |
Publisher | : |
Total Pages | : 2 |
Release | : 1986 |
Genre | : Collection laws |
ISBN | : |
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : Consumer credit |
ISBN | : 9781602482043 |
Author | : United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Consumer Affairs and Coinage |
Publisher | : |
Total Pages | : 274 |
Release | : 1993 |
Genre | : Law |
ISBN | : |
Author | : Robert J. Hobbs |
Publisher | : |
Total Pages | : 698 |
Release | : 1991 |
Genre | : Collection agencies |
ISBN | : |