The Fair Debt Collection Practice Act (FDCPA) was enacted to protect consumers from unscrupulous debt collectors; as a shield against prohibited acts. However, it is now often used as a sword, by attorneys who are part of a “cottage industry” that simply look for even the smallest of violations and then claim thousands of dollars of attorney fees and damages in their first letter to the alleged violator. Continue Reading Foreclosing on a Unit When Owner Discharged in Bankruptcy
When the Fair Debt Collection Practices Act (“FDCPA”) was initially written many believed that lawyers were exempt from its requirements. However, the US Supreme Court ruled shortly thereafter that the FDCPA also applied to attorneys who were debt collectors. Whether an attorney was a debt collector essentially amounted to whether or not a regular portion of the attorney’s business was from debt collection. (See, 15 U.S.C. § 1692a(6)).