Category Archives: Fair Debt Collection

Questions and Answers About the FDCPA

Q.  What is the FDCPA? A.  The Fair Debt Collection Practices Act (“FDCPA”) is a federal statute that regulates debt collectors and prevents them from engaging in abusive, unfair, or deceptive practices in their efforts to collect a debt. Q. … Continue reading

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Florida Court Rejects Long Standing, Accepted Deifintion of Express Consent Under TCPA

The TCPA was encated in 1991 to stop telemarketing to random phone lines where there was one previous relationship   The law was enacted in response to the use of telemarketers blasting automated calls to all phone lines.  There is an exception for … Continue reading

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JPMorgan Bank Floods California With Credit Card Lawsuits and California Files a Lawsuit

The state of California has filed a lawsuit against JPMorgan Chase alleging that they filed tens of thousands of lawsuits to collect credit card debt in violation of debt collection laws.  Here is a link to read more about it. http://dealbook.nytimes.com/2013/05/09/california-sues-jpmorgan-chase-over-credit-card-cases/ The question arises why … Continue reading

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JPMorgan Chase Bank Sued for FDCPA Violations

JPMorgan Chase was sued for violating the Fair Debt Collection Practices Act.  These violations include Robo-Signing, failing to notice consumers of lawsuits, and for filing irregularities.  Sadly, even big banks and large companies violate the FDCPA. To read more about the case … Continue reading

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What are the Types of Causes of Action that Debt Collectors Use to Sue for Debt?

What is a “cause of action?” A cause of action is a fact or a combination of multiple facts that would give a plaintiff the right to sue and is the basis of a lawsuit.  In a credit card lawsuit … Continue reading

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Calling a Debtor a Liar When Collecting a Debt Is Sufficient to State an FDCPA Claim

A Michigan court recently held that a debt collector who alleged that a debtor was “not being honest” and called the debtor a “liar” with respect to her work history has stated a Fair Debt Collection Practices Act (FDCPA) claim.  The debt … Continue reading

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What Is The Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that regulates how a collection agency operates.  A collection agency is anyone who regulatory collects or attempts to collect debts owed or due or asserted to be owed or due to another.  The FDCPA was … Continue reading

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FDCPA Violation for Hanging Up Prior to Speaking With Caller

       A collection agency was using an automated dialing device to call a supposed debtor.  As soon as the supposed debtor answered the call or the voice mail turned on, the automated dialing machine would end the call.  A FDCPA … Continue reading

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