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Fair Debt Collection

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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Conditional Language re Credit Reporting May Violate The FDCPA

In Gonzales v. Arrow Financial Services, LLC, the Ninth Circuit Court of Appeal confirmed that a debt collector’s letter suggesting that debts might be reported to credit reporting agencies violates the Fair Debt Collection Practices Act, if the debts are too old to legally be reported. In Gonzales, Arrow purchased a portfolio of debts owed…

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Statute of Limitations for Collecting on A Debt

A statute of limitations is the time period during which someone can be sued for a legal violation. In California, the statute of limitations for being sued for a breach of contract (the most common claim in debt collection) generally is four years. If the debt is older than four years from the date of…

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Debt Collection Calls to Friends and Family

If a debt collector does not have the prior consent of the consumer or the express permission of a court, or the communication is not reasonably necessary to collect on a judgment, a debt collector cannot communicate with the consumer’s friends or family more than one time, for the very limited purpose of obtaining the consumer’s…

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Repossessors & The Fair Debt Collection Laws

A repossessor who takes – or attempts to take – property in breach of the peace (e.g., by force or by illegally entering a locked garage) can be sued for violations of the fair debt collection laws. In fact, the repossessor can be sued under both the federal Fair Debt Collection Practices Act and the…

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