If a law firm sends a letter seeking to collect the correct amount, from the correct consumer, on behalf of the correct creditor, can the consumer still sue, claiming the firm violated the FDCPA because no attorney was “meaningfully involved”
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Why Every Lawyer And Client Should Be Fighting To Stop The “Meaningful Attorney Involvement” Doctrine From Spreading
By Tomio Narita
Few things are more fundamental in the law than the principle that a lawyer owes a duty of loyalty to the client, a duty to be vigorous advocate within the bounds of the law, and a duty to maintain the…
Trends In FDCPA Litigation Filed Against HOA Attorneys
By Tomio Narita
Attorneys who regularly engage in collection work for communityassociations have increasingly become targets for lawsuits filed by professional consumer attorneys under the Fair Debt Collection Practices Act (“FDCPA” or “the Act”), 15 U.S.C. § 1692 et. seq., and analogous state…
Is It “Debt Collection” If You Never Asked For Money?
By Tomio Narita
Can a communication from a collector violate the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et. seq. (the “FDCPA”) if it never asks the debtor to pay any money? What exactly does the term “debt collection” mean in…
Emerging Trends In FDCPA Litigation Against Community Association Attorneys
By Tomio Narita
Attorneys and other entitiesthat regularly engagein collection work for community associations may be subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C.§ 1692 et. seq.,as well as analogous state laws governing the consumer collection process. Practitioners…
Is A Bank A “Debt Collector” Under California’s Rosenthal Act? Maybe Not.
By Tomio Narita
Can a bank be sued for acting as a “debt collector” under the California Rosenthal Act? You are probably tempted to answer “yes” it can, because you know the Act defines a “debt collector” to include…
Searching For The Meaning Of “Meaningful Involvement”
By Tomio Narita
Grappling with the meaning of the so-called “meaningful involvement” doctrine is one of the most elusive and frustrating compliance challenges for collection attorneys and their clients. What exactly must a collection attorney do to ensure they are “meaningfully…
For Attorneys Representing Community Associations: A Primer On FDCPA Class Actions And How To Avoid Them
By Tomio Narita
(This post is adopted from the materials presented at the CAI Law Seminar in Las Vegas, Nevada on January 20, 2017)Demystifying the FDCPA Class Action For HOA Attorneys Consumer attorneys have been filing FDCPA class actions against collection…
The “Least Sophisticated Debtor” Is Getting More Sophisticated, And Has An Improved Memory Too
By Tomio Narita
When collectors get sued in an FDCPA action, they face a steep uphill battle. Courts apply the very pro-consumer “least sophisticated debtor” standard when evaluating a collector’s communications, and most violations of the Act are “strict liability” – meaning the…
Consent Order Compliance: Navigating The CFPB’s Unofficial “Rules” Governing Debt Collection
By Tomio Narita
The CFPB has entered into consent orders with major creditors, debt buyers and law firms during the past year relating to key areas of their collection practices. The consent orders impose significant new requirements relating to…