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Posts Tagged ‘fair debt collection law’

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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Documenting Collector Harassment

In California, you cannot record a conversation without the consent of all parties. Also, debt collectors and companies often maintain shoddy or self-serving records that do not accurately reflect what was said or done to the consumer. So, how do you document collector harassment or other conduct by a company when the company refuses to…

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“Anti-Piracy” Debt Collection?

A recent article by CNET profiles the Copyright Enforcement Group (CEG), a “media rights enforcement” company that apparently will be using debt collectors to collect on alleged copyright infringement claims, even before the courts have rendered a judgment against accused copyright violators. Feel free to contact us if you have had any dealings with CEG…

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New Debt Collection Scam

We have been informed of a new scam in which consumers are receiving telephone calls from fake debt collectors who are impersonating law enforcement officers in an effort to extort money related to an alleged internet payday loan. Please click here to read an alert from the Kansas Attorney General regarding this scam. We have…

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Mistake of Law – No Defense to An FDCPA Claim

We previously reported on Jerman v. Carlisle, a case that presented the issue of whether a debt collector can avoid liability for mistakes of law under the “bona fide error” defense of the federal FDCPA, which can shield debt collectors from liability for unintentional violations in certain instances. On April 21, 2010, the Court held…

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Supreme Court Hears FDCPA Case

The Supreme Court recently heard oral argument in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, et al. The Court will decide whether a debt collector can avoid liability for mistakes of law under the “bona fide error” defense, which can shield debt collectors from liability for unintentional violations in certain instances. Here’s the facts…

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