Fair Debt Collection Practices Act

Fair Debt Collection Practices Act Author LandMark Publications
ISBN-10 1520771878
ISBN-13 9781520771878
Year 2017-03-07
Pages 520
Language English
Publisher Independently published
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THIS CASEBOOK contains a selection of U S Court of Appeals decisions that analyze discuss and apply provisions of the Fair Debt Collection Practices Act The selection of decisions spans from 2014 to the date of publication FDCPA generally bars the use of false deceptive or misleading representation or means in connection with the collection of any debt 15 U S C 1692e Section 1692e sets forth a non exhaustive list of sixteen practices specifically prohibited including a catch all provision that bars t he use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer 15 U S C 1692e 10 A single violation of 1692e is sufficient to hold a debt collector liable pursuant to FDCPA See 15 U S C 1692k establishing civil liability for any debt collector who fails to comply with any provision of this subchapter Altman v JC Christensen Associates Inc 786 F 3d 191 2nd Cir 2015 The FDCPA was enacted in the context of existing Federal Trade Commission FTC regulation of unfair and deceptive debt collection practices Jeter v Credit Bureau Inc 760 F 2d 1168 1172 75 11th Cir 1985 Despite existing regulation Congress found abundant evidence of abusive deceptive and unfair debt collection practices by many debt collectors 15 U S C 1692 a Existing laws and procedures for redressing these injuries were inadequate to protect consumers Id 1692 b Bishop v Ross Earle Bonan PA 11th Cir 2016 Congress set out to correct these problems by supplementing and expanding upon existing debt collection regulations Jeter 760 F 2d at 1174 The declared purpose of the FDCPA is to eliminate abusive debt collection practices by debt collectors to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged and to promote consistent State action to protect consumers against debt collection abuses 15 U S C 1692 e To advance these goals the FDCPA codified several specific consumer protective rights Most significantly the FDCPA gave consumers a private right of action to enforce its provisions against debt collectors Id Bishop v Ross Earle Bonan PA ibid

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