Debt Collection Law News
Determining Governing Provisions FDCPA Debt Collection
In order to determine whether an individual or entity is governed by the provisions of the FDCPA, you must first review some important definitions. Under the FDCPA, a communication is defined as “the conveying of information regarding a debt directly, or indirectly to any person through any medium.”
Falsely Claiming to be an Attorney
Collection agencies are often tempted to incorporate “attorney letterhead”, or legal talk, as a part of its collection methods. Several cases have prohibited the use of attorney letterhead by collection agencies when there is evidence that the attorney had no “meaningful involvement” in the actual review and collection of the account in question.
Debt Collector’s Bona Fide Error Defense
The FDCPA provides debt collectors with a bona fide error defense. The statue provides that a debt collector shall not be held liable for the violation if the debt collector can demonstrate by the preponderance of the evidence, that the violation was not intentional and the debt collector maintained procedures reasonably adapted to avoid such errors, as states in 15 U.S.C. Section 1692 (k)(c)
Liability under FDCPA Dept Collection
Liability under the Fair Debt Collection Practices Act enacted in 1977, otherwise known as FDCPA. Statutory damages under the FDCPA, are capped at a maximum of $1,000. per case, not per violation. The capped amount of $1,000 set in 1077 doesn't obviously hold the same value, as a $1,000 today, which has caused the consumer bars to push for a reevaluation of that figure. This statutory damages figure isn't a set fee, it is decided upon a sliding scale of different variables.
FDCPA Disclosures Debt Collection
If you are collecting third party debts on behalf of another, the debts are for personal, family, or household use, and the debts are in default, then you can make the general assumption that the fair debt collections act does apply to your business operation. The first thing you need to do, as required by federal statute, is to send a written notice containing certain disclosures.
Debt Collection Lawyers

Displaying listings from all locations.

Use the fields below to filter listings for a particular country, city, or state. Start by selecting the top most region, the other fields will be automatically updated to show available locations.

Use the Clear Filter button if you want to start over.

Ernest H. “Skip” Kohlmyer, III
200 S. Orange Avenue, Suite 2000 Orlando FL
Debt Collection: How to Effectively Navigate through the FDCPA & TCPA
Urban Thier & Federer, P.A
More lawyers