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N James Turner

N Turner’s Legal Guides

3 total

  • Dunning letter from attorney falls under Fair Debt Collection Practice Act

    Before the creditor sends a delinquent account to a collection agency, the creditor can send a dunning notice to a consumer. However, when a lawyer attempts to send a similar communication, according to recent case law, it can be considered an attempt atdebt collection under the ...

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  • Statutory Construction under the Fair Debt Collection Practices Act

    Because the FDCPA is designed to protect consumers, it is liberally construed to effect its purpose. Mammen v. Bronson Migliaccio, LLP, 715 F. Supp. 2d 1210 (M.D. Fla. 2009); Ramirez v. Apex Fin. Mgmt., LLC, 567 F. Supp. 2d 1035, 1040 (N.D. Ill. 2008) (citing Ross v. Commercial ...

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  • Emotional Damages under the FDCPA

    Courts interpreting the FDCPA have allowed recovery for actual damages related to emotional distress without pleading an intentional infliction of emotional distress claim. Laufman v. Phillips Burns, Inc., No. 8:07-cv-2171-T-23MSS, 2008 U.S. Dist. LEXIS 4304, 2008 WL 190604, at ...

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