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MISTAKES IN DEBT VALIDATION NOTICE RESULT IN FDCPA LAWSUIT - 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.

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The FDCPA, among other things, mandates that, as part of noticing a debt, a “debt collector” must send the consumer a written notice containing -- along with other information – “the name of the creditor to whom the debt is owed.” This requirement is sometimes referred to as the "Debt Validation Notice." In addition, the Act prohibits a “debt collector” from using “any false, deceptive, or misleading representation or means in connection with the collection of any debt.” For purposes of the FDCPA, a false representation in connection with the collection of a debt is sufficient to violate the FDCPA facially, even where no misleading or deception is claimed. 

In Bourff v. Rubin Lublin, LLC., 674 F.3d 1238 (11th Cir. 2012), the plaintiff claimed that the creditor’s law firm violated the prohibition on false, deceptive, or misleading representations by falsely stating in its collection statutory notice that BAC was the creditor when it was really the assignee of the original creditor - America’s Wholesale Lender (AWL). 

The facts of the case are that when the debtor failed to make a payment on the loan causing a default, AWL assigned the loan and security agreement to BAC. The law firm hired by BAC sent the debtor a letter stating that it was notice pursuant to the FDCPA and that it was an attempt to collect a debt; the notice identified BAC as the creditor. In his suit, the debtor claimed that the notice violated the FDCPA because it falsely represented that the company, BAC, was the creditor on the loan. The district court concluded that the error was a harmless mistake and dismissed the Complaint. 

In reversing the trial court and vacating the order of dismissal, the Court found that the statement in the notice that BAC was the creditor was a false representation and that it was made by a debt collector under the FDCPA. The Court considered that the identity of the “creditor” in the statutory notices is “a serious matter.”

 

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.

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DEBT COLLECTION DEFENSE

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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.

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CREDIT CARD DEBT DEFENSE

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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.

 

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STUDENT LOANS

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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.

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COLLECTIONS HARASSMENT

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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.

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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.

 

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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.

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

 

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

 

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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.

 

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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.

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