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Collection Defense

California’s New Fair Debt Buying Practices Act

California’s Fair Debt Buying Practices Act is now effective, as of January 1, 2014. It applies to any consumer debt sold or resold on or after January 1, 2014. The Fair Debt Buying Practices Act restricts the written statements debt buyers can make to consumers in attempting to collect a debt, and prohibits a debt…

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California State Senate Passes Fair Debt Buyer Practices Act

The California State Senate has passed the Fair Debt Buyers Practices Act, which will require purchasers of consumer debt (“debt buyers”) to provide documentary evidence to consumers in order to ensure that their collection efforts are directed at the proper individual. Debt buyers generally purchase defaulted bulk consumer obligations (thousands at a time) for pennies…

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FIA Card Services Arbitration Settlement

The San Francisco City Attorney’s Office has settled its case with FIA Card Services, a credit card issuer and subsidiary of Bank of America. The case involved allegations that FIA forced consumers into binding arbitrations with the National Arbitration Forum (NAF), a notoriously anti-consumer forum in which statistics have shown that less than 2/10 of…

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Defaults In Collection Cases

Reports are that the majority of consumer collection actions result in “defaults.” A default is a legal term that means the defendant has not responded to the plaintiff’s complaint within the time period provided by law. In that situation, the plaintiff can ask the court clerk to enter default against the defendant. The plaintiff then…

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