Kemp Strickland v. Fay Servicing, L.L.C.

Portland, Oregon Consumer credit lawyer represented the Plaintiff who sued the Defendants on Fair Debt Collection Act violation theories.



"The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive, deceptive, and unfair debt collection practices. It applies to third-party debt collectors, which are companies or individuals that collect debts on behalf of creditors. The FDCPA does not apply to the original creditor or to debt collectors who are collecting debts for business or agricultural purposes.



The FDCPA prohibits debt collectors from engaging in a variety of activities, including:



Contacting consumers at inconvenient times or places

Harassing or intimidating consumers

Using false or misleading statements to collect debts

Threatening consumers with legal action that they do not intend to take

Disclosing a consumer's debt to others without their permission



If a debt collector violates the FDCPA, consumers may sue for damages, including attorney's fees.



Here are some examples of specific FDCPA violations:



A debt collector calls a consumer before 8:00 AM or after 9:00 PM.

A debt collector calls a consumer at their place of employment after being told not to.

A debt collector threatens to sue a consumer over a debt that is past the statute of limitations.

A debt collector tells a consumer that they will be arrested or deported if they do not pay their debt.

A debt collector calls a consumer's employer or friends and family members to discuss their debt.



If you believe that a debt collector has violated the FDCPA, you can file a complaint with the Federal Trade Commission (FTC) or the Consumer Financial Protection Bureau (CFPB). You can also file a lawsuit against the debt collector in federal court.



Here are some tips to protect yourself from abusive debt collectors:



Ask the debt collector to provide written validation of the debt.

Do not give out any personal information to a debt collector unless you are sure that they are legitimate.

Tell the debt collector if they are contacting you at inconvenient times or places.

Tell the debt collector to stop calling you if you do not want to hear from them.

Keep a record of all communications with debt collectors.



If you are being harassed by a debt collector, do not hesitate to contact your state attorney general's office or a consumer protection attorney for help."



Google Bard

60-DAY ORDER OF DISMISSAL: The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are denied as moot. All pretrial deadlines and any trial date are stricken. By Clerk of Court Melissa Aubin. (jy) (Entered: 10/20/2023)