An interesting bill was recently proposed by representative Mia Love from Utah amending the Fair Debt Collection Practices Act (“FDCPA”) and making several pro-consumer changes. The bill was only recently introduced and is probably in part a response to the recent Supreme Court decision of Henson v. Santander which ruled…
Category: Debt Collection Harassment and Abuse (FDCPA)
The Supreme Court recently handed down an important decision in the case of Henson v. Santander Consumer USA. The decision ultimately is not very consumer friendly but the ruling was not unexpected and fortunately, Loan Lawyers was ahead of the curve on the issue. The case considered a member of…
It is well established that consumer protection statutes are to be “construed liberally in order to best serve Congress’ intent” in affording consumers the maximum level of protection available. See McLean v. GMAC Mortg. Corp., 398 F.App’x. 467, 471 (11th Cir. 2010)(citing Ellis v. Gen. Motors Acceptance Corp., 160 F.3d 703, 707…
Fla. Stat. § 559.55, more commonly known as the Florida Consumer Collection Practices Act, defines a debt collector in Florida as any person who uses any instrumentality of commerce within the state of Florida in any business whose principal purpose is the collection of debts, or who regularly collects or…
Cecilia Altonaga, a Federal Judge located in Miami-Dade County recently entered an injunction ceasing the operations of eleven different companies who were preying on members of the public in Florida. Pam Bondi, the Attorney General for the state of Florida brought an action against a number of companies and individuals…
The statute of limitations functions as an expiration date upon debts, once a debt has passed a certain point is no longer possible for a creditor upon that debt to file a lawsuit to collect upon it. Determining when exactly the statute of limitations has passed is complicated and can…
The statute of limitations can be considered an expiration date of sorts regarding a legal claim. Under the Fair Debt Collection Practices Act(“FDCPA”) a consumer has up to a year to bring a lawsuit for the unlawful conduct of a debt collector. Some events can extend the statute of limitations…
“A qualified written request asserts an error relating to the servicing of a mortgage loan and is a notice of error for purposes of this section, and a servicer must comply with all requirements applicable to a notice of error with respect to such qualified written request.” 12 C.F.R. §1024.35(a). In…
Anyone with credit card debt should never ignore a creditor’s attempts to collect an unpaid debt. The likely result is that in the near future, the creditor will attempt to collect the debt by filing a lawsuit. The creditor will then serve the obligor for the debt (and now the…
