A Catch-22 for Foreclosure Lawyers?

Foreclosure attorneys struggle to find an appropriate way to comply with the FDCPA’s requirement that a validation notice correctly state the amount of the debt in cases in which the balance is changing constantly due to a variety of factors.  In Carlin v. Davidson Fink LLP, 2017 U.S. App. LEXIS 5438 (7th Cir. Mar. 29,…

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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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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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