Author Archives: Ronald Canter

Court Rules Debt Buyer Violates Fair Debt Collection Practices Act by Seeking to Collect Post-Charge Off Interest

On August 7, 2013, the United States District Court for the Eastern District of Michigan ruled in favor of a class of consumers who were assessed post charge-off interest by a debt buyer on credit card debts prior to the time the debt was transferred to the third party. [1] This decision is likely to…

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Attorney Who Had Clerk Sign His Name to Affidavit in Foreclosure Suit Not Liable for FDCPA Violation

The Fair Debt Collection Practices Act (FDCPA) outlaws the use of false representations or deceptive means to collect consumer debts.[1]  The statute also prohibits collectors from using unfair or unconscionable practices in debt collection.[2]  Almost 20 years ago, the Supreme Court determined that consumer debt collection attorneys involved in litigation activities were subject to the…

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Is A Debt Collector Liable Under the FDCPA for Filing a Collection Suit Knowing that it Lacks Evidence to Prove the Debt?

The Fair Debt Collection Practices Act (FDCPA), prohibits debt collectors from engaging in unfair and/or unconscionable debt collection practices and also outlaws false, deceptive or misleading representations in connection with the collection of the debt. Two recent decisions from the United States District Court for the Southern District of Alabama have reached conflicting results as…

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