Author : United States
Publisher : Unknown
Page : 1464 pages
File Size : 53,6 Mb
Release : 1971
Category : Law
ISBN : UOM:39015033909279
United States Code
United States
The Debt Collection Practices Act
The Debt Collection Practices Act Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The Debt Collection Practices Act book. This book definitely worth reading, it is an incredibly well-written.
Fair Debt Collection Practices Act
Landmark Publications
Author : Landmark Publications
Publisher : Independently Published
Page : 544 pages
File Size : 48,8 Mb
Release : 2022-02-23
Category : Electronic
ISBN : 9798421451419
Fair Debt Collection Practices Act by Landmark Publications Pdf
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)
Fair Debt Collection Practices Act
Landmark Publications
Author : Landmark Publications
Publisher : Unknown
Page : 540 pages
File Size : 43,5 Mb
Release : 2021-01-11
Category : Electronic
ISBN : 9798588551083
Fair Debt Collection Practices Act by Landmark Publications Pdf
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)
Fair Debt Collection Practices Act
LandMark Publications
Author : LandMark Publications
Publisher : Unknown
Page : 534 pages
File Size : 50,7 Mb
Release : 2017-12
Category : Electronic
ISBN : 1973423626
Fair Debt Collection Practices Act by LandMark Publications Pdf
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.
The Debt Collection Practices Act
United States. Congress. House. Committee on Banking, Currency and Housing. Subcommittee on Consumer Affairs
Author : United States. Congress. House. Committee on Banking, Currency and Housing. Subcommittee on Consumer Affairs
Publisher : Unknown
Page : 370 pages
File Size : 44,6 Mb
Release : 1976
Category : Collection agencies
ISBN : LOC:00133611472
The Debt Collection Practices Act by United States. Congress. House. Committee on Banking, Currency and Housing. Subcommittee on Consumer Affairs Pdf
Oversight Hearing on Fair Debt Collection Practices Act
United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Consumer Affairs and Coinage
Author : United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Consumer Affairs and Coinage
Publisher : Unknown
Page : 194 pages
File Size : 52,5 Mb
Release : 1984
Category : Collecting of accounts
ISBN : UVA:X030227993
Oversight Hearing on Fair Debt Collection Practices Act by United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Consumer Affairs and Coinage Pdf
Debt Collection Practices Act
United States. Congress. House. Committee on Banking, Currency and Housing
Author : United States. Congress. House. Committee on Banking, Currency and Housing
Publisher : Unknown
Page : 24 pages
File Size : 47,6 Mb
Release : 1976
Category : Collection agencies
ISBN : UCR:31210024781724
Debt Collection Practices Act by United States. Congress. House. Committee on Banking, Currency and Housing Pdf
Complete Guide to Credit and Collection Law
Arthur Winston
Author : Arthur Winston
Publisher : Unknown
Page : 728 pages
File Size : 44,8 Mb
Release : 1996
Category : Business & Economics
ISBN : STANFORD:36105060470536
Complete Guide to Credit and Collection Law by Arthur Winston Pdf
This text gives advice to help credit managers steer clear of litigation, and serves as a guide through the ever-changing maze of credit and collection law. It provides coverage of all aspects of the Debt Collection Practices Act, Truth in Lending Act and other relevant legislation. It also contains explanations of legal terminology, guidelines, procedures, tactics and examples.
Fair Debt Collection Practices Act
Barry Leonard
Author : Barry Leonard
Publisher : DIANE Publishing
Page : 18 pages
File Size : 51,5 Mb
Release : 2011
Category : Law
ISBN : 9781437932119
Fair Debt Collection Practices Act by Barry Leonard Pdf
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.
Bad Paper
Jake Halpern
Author : Jake Halpern
Publisher : Farrar, Straus and Giroux
Page : 256 pages
File Size : 43,5 Mb
Release : 2014-10-14
Category : True Crime
ISBN : 9780374711245
Bad Paper by Jake Halpern Pdf
The Federal Trade Commission receives more complaints about rogue debt collecting than about any activity besides identity theft. Dramatically and entertainingly, Bad Paper reveals why. It tells the story of Aaron Siegel, a former banking executive, and Brandon Wilson, a former armed robber, who become partners and go in quest of "paper"—the uncollected debts that are sold off by banks for pennies on the dollar. As Aaron and Brandon learn, the world of consumer debt collection is an unregulated shadowland where operators often make unwarranted threats and even collect debts that are not theirs. Introducing an unforgettable cast of strivers and rogues, Jake Halpern chronicles their lives as they manage high-pressure call centers, hunt for paper in Las Vegas casinos, and meet in parked cars to sell the social security numbers and account information of unsuspecting consumers. He also tracks a "package" of debt that is stolen by unscrupulous collectors, leading to a dramatic showdown with guns in a Buffalo corner store. Along the way, he reveals the human cost of a system that compounds the troubles of hardworking Americans and permits banks to ignore their former customers. The result is a vital exposé that is also a bravura feat of storytelling.
To Amend the Fair Debt Collection Practices Act
United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Consumer Affairs and Coinage
Author : United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Consumer Affairs and Coinage
Publisher : Unknown
Page : 176 pages
File Size : 52,9 Mb
Release : 1985
Category : Collecting of accounts
ISBN : STANFORD:36105020998246
To Amend the Fair Debt Collection Practices Act by United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Consumer Affairs and Coinage Pdf
Surviving Debt
Anonim
Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 51,6 Mb
Release : 2023
Category : Consumer credit
ISBN : 1602482047
Surviving Debt by Anonim Pdf
Fair Debt Collection Practices Act
Landmark Publications
Author : Landmark Publications
Publisher : Independently Published
Page : 542 pages
File Size : 43,7 Mb
Release : 2021-01-15
Category : Electronic
ISBN : 9798591995874
Fair Debt Collection Practices Act by Landmark Publications Pdf
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 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals. * * * Congress enacted the FDCPA in 1977 "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 FDCPA prohibits debt collectors from collecting "any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law." Id. § 1692f(1). Debt collectors are strictly liable for FDCPA violations, Donohue v. Quick Collect, Inc., 592 F.3d 1027, 1030 (9th Cir. 2010), and a debt collector who violates the FDCPA is liable for actual damages, attorney's fees and costs, and additional damages not to exceed $1,000 per violation. 15 U.S.C. § 1692k. The FDCPA is "broadly remedial," and should be liberally construed in favor of consumers. McAdory v. M.N.S. & Assocs., LLC, 952 F.3d 1089, 1092 (9th Cir. 2020). * * * To avoid liability, debt collectors may raise the limited affirmative defense that their conduct was "not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error." 15 U.S.C. § 1692k(c). The burden is on the debt collector to prove this defense by a preponderance of the evidence. Id.; McCollough v. Johnson, Rodenburg & Lauinger, LLC, 637 F.3d 939, 948 (9th Cir. 2011). * * * The bona fide error defense requires a showing that the debt collector: (1) violated the FDCPA unintentionally; (2) the violation resulted from a bona fide error; and (3) the debt collector maintained procedures reasonably adapted to avoid the violation. Id. Urbina v. National Business Factors Inc., (9th Cir. 2020).
The Debt Collection Practices Act
United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Consumer Affairs
Author : United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Consumer Affairs
Publisher : Unknown
Page : 492 pages
File Size : 45,9 Mb
Release : 1977
Category : Collection laws
ISBN : STANFORD:36105045163636
The Debt Collection Practices Act by United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Consumer Affairs Pdf
Fair Debt Collection
Robert J. Hobbs
Author : Robert J. Hobbs
Publisher : Unknown
Page : 502 pages
File Size : 41,9 Mb
Release : 2000
Category : Collection agencies
ISBN : STANFORD:36105060354516