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Fair Debt Collection Practices Act: Volume 1

Fair Debt Collection Practices Act: Volume 1

          
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International Edition


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About the Book

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, discuss and interpret provisions of the Fair Debt Collection Practices Act. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals.



Attempting to collect on a time-barred debt does not per se violate the FDCPA. Manuel, 956 F.3d at 829; see also Mahmoud v. De Moss Owners Ass'n, Inc., 865 F.3d 322, 333 (5th Cir. 2017) (holding it was not a violation of the FDCPA to collect a partially time-barred debt when only a small portion was subject to the statute of limitations); Holzman v. Malcolm S. Gerald & Assocs., Inc., 920 F.3d 1264, 1273-74 (11th Cir. 2019) ("[C]ourts generally have recognized that the FDCPA does not impose a bright-line rule prohibiting debt collectors from attempting to collect on time-barred debt."). But a debt-collector can run afoul of the FDCPA by threatening judicial action while completely failing to mention that a limitations period might affect judicial enforceability. Manuel, 956 F.3d at 831 (emphasizing that disclosure of a potential limitations problem "might give a consumer at least some inkling that the debt might be too old to be legally enforceable"). As we have explained:

When a collection letter creates confusion about a creditor's right to sue, that is illegal. The FDCPA singles out as unlawful the false representation of the character, amount, or legal status of any debt. Whether a debt is legally enforceable is a central fact about the character and legal status of that debt. A misrepresentation about the limitations period amounts to a straightforward violation of § 1692e(2)(A).


Daugherty v. Convergent Outsourcing, Inc., 836 F.3d 507, 512 (5th Cir. 2016) (quotation omitted).




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Product Details
  • ISBN-13: 9798330294909
  • Publisher: Landmark Publications
  • Publisher Imprint: Landmark Publications
  • Height: 229 mm
  • No of Pages: 544
  • Spine Width: 28 mm
  • Weight: 720 gr
  • ISBN-10: 8330294900
  • Publisher Date: 03 Oct 2024
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Sub Title: Volume 1
  • Width: 152 mm


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