Dunning letter from attorney falls under Fair Debt Collection Practice Act
May 31, 2012
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 t...
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Statutory Construction under the Fair Debt Collection Practices Act
May 31, 2012
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...
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Emotional Damages under the FDCPA
May 31, 2012
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, ...
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