New York Federal District Court Holds Communications to Attorneys Not Actionable Under the FDCPA

A plaintiff seeking to recover damages for purportedly misleading communications to his attorney saw his claims dismissed by the U.S. District Court for the Eastern District of New York after the judge determined that such communications were not actionable under the FDCPA. In Vernot v. Pinnacle Credit Services, LLC, 2017 U.S. Dist. LEXIS 14835 (E.D.N.Y.…

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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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Collecting for a Creditor vs. Collecting for a Debt Collector?

Section 1692g of the FDCPA requires that “within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall . . . send the consumer a written notice” of the consumer’s validation rights.  But how many such notices are required? Must each successive debt collector…

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