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Date: 06-06-2025
Case Style:
Case Number: 24-CV-81287
Judge: Robin L. Rosenberg
Court: United States District Court for the Southern District of Florida (Palm Beach County)
Plaintiff's Attorney: Alex Taylor
Defendant's Attorney: Terron Clark, Douglas Kahle, and Jaime Reitz
Description: West Palm Beach, Florida consumer law lawyer represented the Plaintiff who sued on a Fair Debt Collection Act violation theory.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive, deceptive, and unfair debt collection practices. It primarily regulates third-party debt collectors, but it also covers debt buyers and collection agencies, according to the Consumer Financial Protection Bureau. The FDCPA aims to eliminate abusive debt collection practices, protect reputable collectors, and encourage consistent state action in consumer protection.
Key Provisions of the FDCPA:
Prohibited Practices:
The FDCPA prohibits debt collectors from using deceptive or abusive tactics, such as contacting debtors at odd hours, repeated calls, or threatening legal action without intent.
"Validation Information":
Debt collectors are required to provide "validation information" about the debt to the debtor, including the amount owed, the original creditor, and the debt collector's identity.
Communication Limits:
Debt collectors generally cannot contact debtors at unusual times or places (e.g., before 8 a.m. or after 9 p.m.) unless the debtor agrees to different times.
Right to Dispute:
Consumers have the right to dispute the debt and request verification in writing within 30 days of the initial communication.
Cease and Desist:
Consumers can ask a debt collector to cease all communication about a debt, except for specific actions like notifying them of potential lawsuits.
No False Statements:
Debt collectors cannot use false or misleading information, such as misrepresenting their identity or the amount owed.
What the FDCPA Doesn't Cover:
Business Debts:
.
The FDCPA primarily applies to debts incurred for personal, family, or household purposes. Business debts are not generally covered.
Original Creditors:
.
The FDCPA generally doesn't cover collection efforts by the original creditor or business you owe money to.
Enforcement and Penalties:
Enforcement:
The Federal Trade Commission (FTC) has enforcement authority over non-bank, third-party debt collectors.
Penalties:
Debt collectors who violate the FDCPA can be sued for damages, including statutory damages, actual damages, and attorney's fees.
In essence, the FDCPA is a consumer protection law that aims to ensure fair and ethical debt collection practices, providing consumers with rights and protections against abusive debt collection tactics.
Outcome: Settled for an undisclosed sum an dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: