Attorney Representation Is Not Tied to Formal Appearance

The FDCPA forbids communicating with a consumer “if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt…

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Can Spokeo Give Debt Collectors a New FDCPA Defense?

Many debt collectors have struggled with the question of whether a failure to send a timely validation notice pursuant to the Fair Debt Collection Practices Act is curable.  The Act itself provides no mechanism to cure or repair a violation, and a debt collector that fails to send a timely validation notice as required by…

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Federal Court Limits Vicarious Liability for TCPA Claims

Earlier this week United Student Aid Funds prevailed on a summary judgment motion in a suit under the Telephone Consumer Protection Act, providing a measure of hope for creditors that are sued for dialer calls placed by independent third-party debt collectors   In Henderson v. United Student Aid Funds, No.: 13cv1845, 2017 U.S. Dist. LEXIS 28165…

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Minnesota and Wisconsin Fine Agency for Failure to Escheat and Individual Collectors for Failure to Give Mini-Miranda Warnings

The Minnesota Department of Commerce and the Wisconsin Department of Financial Institutions, Division of Banking have entered into their first joint consent order with a collection agency.  American Accounts & Advisers, Inc. agreed to a civil penalty of $200,000 of which $125,000 will be stayed upon full completion of all action items listed in the…

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