... M&K violated multiple provisions of the Fair Debt Collection Practices Act (FDCPA), 15U.S.C. §§ 16... FDCPA "imposes civil liability on 'debt collector[s]' for certain prohibited debt collection practic...Harassment or abuse A debt collector may not enga...
A Hamburg-based debt collector agreed to pay $125,000 in fines and costs and to reform its business practices in a settlement announced Tuesday by State Attorney General Andrew M. Cuomo. In a news release and court documents, Cuomo accused Lewis Hastie Receivables, 56 Main St., of violating state and federal debt- collection laws.
A collections harassment lawsuit filed by the son of a debt- collection attorney has been dismissed after a Missouri appeals court found the condominium-management company he was suing was not a debt collector. The Missouri Court of Appeals Eastern District affirmed the dismissal of Vincent V. Vogler's lawsuit alleging a violation of the Fair Debt Collections Practices Act against Grier Group Management Co., finding it was not a debt collector as defined by the act.
Debt collectors could be dealing with stricter regulations on their ability to collect money if bills proposed by the governor and New York state Assembly ever get passed by the state Senate. Before the state Senate went into a terminal impasse, the state Assembly passed a series of laws aimed at cutting down on debt collector abuses that include threatening phone calls, harassment and intimidation. In addition, Gov. David Paterson has proposed similar measures to protect the public from abusive consumer debt collection practices.
Section 806(1) of the FDCPA prohibits debt collectors from threatening consumers with violence or criminal action. FTC staff have interpreted this to include implicit as well as explicit threats. According to FTC staff comments, statements such as, "We're not playing around here - we can play tough!" or "We're going to send somebody to collect. . . one way or another," violate Section 806(1) of the FDCPA. In one case, the court concluded a debt collector was in violation of Section 806(2) when he sent a consumer collection letters including "WWJD" at the top-right corner of the page. The consumer contended "WWJD" is an acronym for the phrase "What would Jesus do?" and its inclusion in the letters invokes guilt and "portrays the debtor as a sinner who is going to hell." The court held in...
...Harassment is a leading cause of violations under the FDCPA, ...
S. District Court, Western District of New York Fair Debt Collection Practices Act
...Kelly, a debt collector, and Marpast of Texas Inc., a lender, claiming the...The plaintiff alleges a campaign of harassment by debt collector Kelly, whom he alleges threatene...
..., which alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), 15U.S.C. .... Under § 1692g, a debt collector must communicate to the debtor, either in the init... him relatively more susceptible to harassment, oppression, or abuse.” Id. at 1179. A debt coll...
... court found no violation of the Fair Debt Collection Practices Act ("FDCPA") and awarded cos... - against debt-collector communications with third parties. . The fac... bad faith and for the purpose of harassment, the court may award to the defendant attorn...
Blair Drazic's advice to newly independent college graduates: Become a deadbeat. That's right, a deadbeat.
...He recently wrote "Forgive Us Our Debts: A Crusading Lawyer's 10 Commandments to Avoid Cos..., late payments on bills, potential debt collector harassment and bad credit history that can spiral ...
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