James Turner Office Address Orlando Attorney James Turner Logo Orlando Attorney James Turner Phone
orlando overtime attorney

DEBT RELIEF LAW CENTER

Attorney N. James Turner Can Help
Stop The Harassment!


ATTORNEYS CAN BE CONSIDERED DEBT COLLECTORS UNDER FDCPA - Consumer Rights Article

Orlando Consumer Rights Lawyer - providing affordable legal services concerning Debt Collection Harassment, Debt Collection Defense, Bankruptcy, Student Loan Dispute, Credit Repair, and other Consumer Law legal services, for residents of Orlando, Kissimmee, and throughout Central Florida.

Call The Debt Relief Law Center at Toll Free 1.888.877.5103 to Schedule a Confidential and FREE Legal Consultation with Attorney, N. James Turner

Attorneys were originally exempt from the purview of the Act, but became subject to the Act in 1986 if they otherwise satisfied the definition of a debt collector (15 U.S.C. §1692a(6)) and did not qualify for one of the six statutory exemptions: 

any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. 

As a result of the change in the law, there are instances in where attorneys will be considered “debt collectors” and subject to compliance with the Act. 

Glazer v. Chase brings the application of the FDCPA to attorneys into focus. That case involved a claim under the FDCPA against a mortgage servicing company and the law firm it hired to foreclose on property Glazer inherited. While the 6th Circuit upheld the district court's dismissal of the FDCPA claims against the servicer – because the proof showed the servicer entered on the scene when the debt was still current, which qualified for one of the FDCPA exceptions to the "debt collector" definition – it reversed the dismissal against the lawyers. The claim against the lawyers was that they violated the Act by falsely stating that Chase owned the note and mortgage in the foreclosure complaint (apparently, FNMA owned the debt pursuant to an unrecorded assignment, and Chase was solely the servicer), improperly scheduling a foreclosure sale (which was ultimately canceled) and refusing to verify the debt upon the debtor's request. 

In upholding the claims against the lawyers, the 6th Circuit cited that the Act was unclear because it failed to define "debt collection" and did not exclude foreclosure or the general enforcement of security interests from its scope. And, the Court rejected what it characterized as the majority view adopted in many district courts that mortgage foreclosure, without a claim for a money judgment in the foreclosure complaint, is not debt collection, but simply enforcement of a security interest. 

Despite the absence of a definition of "debt collection" in the Act, the panel examined the Act's definition of "debt" which is defined as "any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes." 15 U.S.C. §1692a(5). Further, the Court focused upon the Act's substantive provisions that debt collection is performed through either "communication" or "conduct" (§ 1692c, d), which it found to be an indication of a very broad view of what could be considered "collection" under the statute. As to the argument that enforcement of a security interest should be distinguished, the panel stated, "The focus on the underlying transaction indicates that whether an obligation is a 'debt' depends not on whether the obligation is secured, but rather on the purpose for which it was incurred," concluding that a home loan was a "debt" whether or not secured.

 

Contact Consumer Rights Lawyer, N. James Turner at The Debt Relief Law Center by Calling Toll Free 1.888.877.5103 to Schedule a Confidential and FREE Legal Consultation.

Orlando Consumer Rights Lawyer, N. James Turner proudly serves the Debt Collection Harassment, Debt Collection Defense, Bankruptcy, Student Loan Dispute, Credit Repair, and other Consumer Law legal needs for residents of Orlando, Kissimmee, Orange County, Osceola County, Seminole County, and throughout Central Florida.

N James Turner

N James Turner Yelp Review

N James Turner Tesimonials

Frequently Asked Questions

debt collection defense

DEBT COLLECTION DEFENSE

Read More

If you are dealing with a situation in which you, as a consumer, are not being dealt with properly in a consumer related transaction or circumstance, find out what your legal rights are. Seek the advice and representation of experienced legal counsel.

credit card debt defense

CREDIT CARD DEBT DEFENSE

Read More

Every day those with credit card debt are harassed by a number of collection agencies that commonly use unethical and sometimes illegal means to attempt to collect debt.

 

student loan debt defense

STUDENT LOANS

Read More

Higher education is an investment in one's future; and it can be expensive. If you are being harassed by student loan creditors or debt collection agencies, find out what your legal rights and options are. Make sure your are informed and your rights ar protected.

debt collection harassment

COLLECTIONS HARASSMENT

Read More

Being harassed by creditors or debt collectors is illegal. There are both State and Federal Debt Collection Laws that exist to protect the consumer from harassment and other illegal activities by collection agencies, their subsidiaries, and third parties.

Credit Report Repair

CREDIT REPORT ERRORS

Read More

We will investigate your credit report error and make sure that the error is corrected. We willl dispute the item, insisting that the information furnisher produces evidence substantiating the error or removes the item.

 

bankruptcy attorney

BANKRUPTCY

Read More

Bankruptcy is a mechanism of the Federal Government to allow debtors (people who owe money) to restart their lives when they have gotten into a financial dilemma where there is no reasonable way to repay the debts they owe.

videos

VIDEOS

Read More

Orlando Consumer Rights Lawyer - watch these informative videos about consumer rights in the financial services industry.

 

frequently asked questions

FAQ

Read More

We answer some of the most common Debt Collection Harassment Question that we hear on a daily basis.

 

espanola

SPANISH VERSION

Read More

Si usted es una de las millones de personas acosadas por un cobrador de deudas desaprensivo, la ley está de su parte. El Acta de Prácticas Justas Para el Cobro de Deudas, regula las prácticas de los cobradores de deudas y les impone sanciones que rompen las reglas.

 

ABOUT JIM TURNER

STARTED SINCE 1990

Orlando Consumer Rights Lawyer - providing aggressive and affordable professional services to consumers who have been victims of debt collection harassment by debt collectors and Credit Repair, to residents in Orlando, Kissimmee, and throughout the Central Florida Area.

Read More

 


Home | N. James Turner | Contact Us

Debt Collection Defense | Collection Harassment

Credit Card Debt Defense | Student Loan Issues

Identity Theft Issues | Predatory Lending

Wrongful Repossessions | Collections Lawsuits

Credit Repair | Bankruptcy

Debt Collectors | Deceptive Business Practices

Fair Debt Collection Practices Act (FDCPA)

Florida Consumer Protection Act (FCPA)

Espanol | FAQ | Testimonials | Video | Articles

Sitemap


overtime attorney orlando image

 

 

 

 

overtime attorney orlando image



orlando overtime attorney bottom image

© 2016 N. James Turner, Attorney at Law.

All Rights Reserved. DISCLAIMER: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the lawyer to send you free written information about their qualifications and experience. This website has been prepared for informational purposes only and not as legal advice. Neither the transmission, nor your receipt of information from this website creates an attorney-client relationship, which can only be formed in writing between you and the attorney you choose to represent you.