Certified Forensic Loan Auditors, LLC

 
  Upcoming Classes

Search CFLA's Article Archive:

Frequently Violated FDCPA (Fair Debt Collection Practices Act) Guidelines

September 5, 2016

Debt Collectors are liable under the following:

Basic Definitions

§ 1692 a(3) Definition of a Consumer as any natural person obligated on or allegedly obligated on a debt

§ 1692 a(5) Definition of a Debt as an obligation for money, goods, insurance, or services for primarily personal, family, or household purposes      

§ 1692 a(6) Definition of a Debt Collector as collectors, collection agencies, lawyers, forms writers

 

Contacting Third Parties

§ 1692 b(1) Contact of Third Party: Failed to identify themselves, or failed to state that collector is confirming or correcting location information

§ 1692 b(2) Contact of Third Party: Stated that the consumer owes any debt

§ 1692 b(3) Contact of Third Party: Contacted a person more than once, unless requested to do so

§ 1692 b(4) Contact of Third Party: Utilized postcards

§ 1692 b(5) Contact of Third Party: Any language or symbol on any envelope or communication indicating debt collection business

§ 1692 b(6) Contact of Third Party: After knowing the consumer is represented by an attorney

 

Prohibited Communications Practices

§ 1692 c(a)(1) At any unusual time, unusual place, or unusual time or place known to be inconvenient to the consumer, before 8:00 am or after 9:00 pm

§ 1692 c(a)(2) After it knows the consumer to be represented by an attorney unless attorney consents or is unresponsive

§ 1692 c(a)(3) At place of employment when knows that the employer prohibits such communications

§ 1692 c(B) With anyone except consumer, consumer’s attorney, or credit bureau concerning the debt

§ 1692 c© After written notification that consumer refuses to pay debt, or that consumer wants collector to cease communication

 

Harassment or Abuse

§ 1692 d Any conduct the natural consequence of which is to harass, oppress, or abuse any person

§ 1692 d(1) Used or threatened the use of violence or other criminal means to harm the consumer or his/her property?

§ 1692 d(2) Profane language or other abusive language?

§ 1692 d(3) Published a list of consumers who allegedly refuse to pay debts?

§ 1692 d(4) Advertised for sale any debts?

§ 1692 d(5) Caused the phone to ring or engaged any person in telephone conversations repeatedly

§ 1692 d(6) Placed telephone calls without disclosing his/her identity?

 

False or Misleading Representations in Communications

§ 1692 e Any other false, deceptive, or misleading representation or means in connection with the debt collection   

§ 1692 e(1) Affiliated with the United States or any state, including the use of any badge, uniform or facsimile

§ 1692 e(2) Character, amount, or legal status of the alleged debt.       

§ 1692 e(3) Any individual is an attorney or that any communication is from an attorney

§ 1692 e(4) Nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment

§ 1692 e(5) Threaten to take any action that cannot legally be taken or that is not intended to be taken   

§ 1692 e(6) Sale or transfer of any interest in the debt will cause the consumer to lose any claim or defense to payment of the debt

§ 1692 e(7) Consumer committed any crime or other conduct in order to disgrace the consumer

§ 1692 e(8) Threatens or communicates false credit information, including the failure to communicate that a debt is disputed

§ 1692 e(9) Represent documents as authorized, issued or approved by any court, official, or agency of the United States or state.  

§ 1692 e(10) Any false representation or deceptive means to collect a debt or obtain information about a consumer

§ 1692 e(11) Communication fail to contain the mini-Miranda warning: "This is an attempt to collect a debt… communication is from a debt collector.”

§ 1692 e(12) Debt has been turned over to innocent purchasers for value

§ 1692 e(13) Documents are legal process when they are not  

§ 1692 e(14) Any name other than the true name of the debt collector's business

§ 1692 e(15) Documents are not legal process forms or do not require action by the consumer

§ 1692 e(16) Debt collector operates or is employed by a consumer reporting agency

 

Unfair Practices

§ 1692 f Any unfair or unconscionable means to collect or attempt to collect the alleged debt

§ 1692 f(1) Attempt to collect any amount not authorized by the agreement creating the debt or permitted by law       

§ 1692 f(2) Accepted or solicit postdated check by more than 5 days without 3 business days written notice of intent to deposit

§ 1692 f(3) Accepted or solicited postdated check for purpose of threatening criminal prosecution

§ 1692 f(4) Depositing or threatening to deposit a post-dated check prior to actual date on the check

§ 1692 f(5) Caused any charges to be made to the consumer, e.g., collect telephone calls

§ 1692 f(6) Taken or threatened to unlawfully repossess or disable the consumer's property

§ 1692 f(7) Communicated with the consumer by postcard

§ 1692 f(8) Any language or symbol on the envelope that indicates the communication concerns debt collection

h –Multiple Debts

§ 1692 h Collector must apply payments on multiple debts in order specified by consumer and cannot apply payments to disputed debts

 

30 Day Validation Notice

§ 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication

§ 1692 g(a)(1) Must state Amount of Debt

§ 1692 g(a)(2) Must state Name of Creditor to Whom Debt Owed

§ 1692 g(a)(3) Must state Right to Dispute within 30 Days

§ 1692 g(a)(4) Must state Right to Have Verification/Judgment Mailed to Consumer

§ 1692 g(a)(5) Must state Will Provide Name and Address of original Creditor if Different from Current Creditor

§ 1692 g(B) Collector must cease collection efforts until debt is validated  

 

Legal Actions

§ 1692 i(a)(2) Brought any legal action in a location other than where contract signed or where consumer resides

NOTE: If a Servicer accepts the alleged Loan/Mortgage (via assignment, transfer etc.) while it’s in DEFAULT, they fall within the ambit of the FDCPA, are a debt Collector per its definition, and are liable under the act. Period!!!

 

 

 

 

Order Cutting-Edge Services Now   Quiet Title Packages from Licensed Attorneys
     
CFLA Sponsored Attorney Links   CFLA Training Academy

 

 

Back to September 2016 Archive

 

CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

SEE BELOW- http://www.certifiedforensicloanauditors.com

Call us toll free at 888-758-2352

Bookmark and Share
spacer
Facebook Like us on Facebook
Twitter Follow us on Twitter
YouTube View our YouTube Videos
LinkedIn Connect to us on Linkedin
 
BBB Logo

 

spacer

Contact us or view our Sample Documents & Audits by completing the form below.

  • Reload
  • Should be Empty:



 

DVD Sets Only $99

 

FREE Mortgage Fraud Analysis

 

Order Cutting-Edge Services Now

 

Quiet Title Packages from Licensed Attorneys

 

Affiliate Services

 

CFLA Sponsored Attorney Links

 

Take-Home Education Package

 

ALB Law Firm

 

Advocate Legal

 

The True News Network

 

Rubenstein Business Law

 

Atighechi Law Group

 

Scunziano & Associates

 

Get Certified to Perform Mortgage Securitization Audits

 

CFLA Training Academy

 

Expert Witness Services

 

Cutting Edge Expert Securitization Reports

 

CFLA Credit Cards

 

Breaking News

 

Letters to the Editor

 

CFLA Weekly Newsletters

 

Code of Ethics

 

Testimonials

 

Instructional Videos

 

Job Opportunities

 

License Opportunities

 

MARS Rule

 

Product Samples

 

Resource Links

 

Servicer Information

 

Foreclosure Laws

 

REST Report

 

Quiet Title Packages from Licensed Attorneys

 

Advertise on CFLA

 

Advertising Space: Mortgage Securitization, Quiet Title

 

Certified Forensic Loan Auditors, LLC
13101 West Washington Blvd.
Suite 444
Los Angeles, CA 90066

Toll Free: 888-758-CFLA (2352)
Mobile Users: CLICK TO CALL
info@certifiedforensicloanauditors.com

   
 
CFLA IS NOT A LAW FIRM AND DOES NOT PROVIDE ANY LEGAL ADVICE. CFLA DOES NOT OFFER FORECLOSURE CONSULTING OR FORECLOSURE RELIEF
SERVICES. CFLA DOES NOT OFFER OR ASSIST WITH ANY LOAN MODIFICATION SERVICE. CFLA ALWAYS RECOMMENDS THAT CLIENTS RETAIN COMPETENT COUNSEL IN THEIR RESPECTIVE JURISDICTION. CFLA HAS A FREE PROGRAM TO REFER CFLA CLIENTS TO LAW FIRMS IN NEARLY EVERY STATE AND CFLA
DOES NOT CHARGE OR OBTAIN REFERRALS FEES FOR THESE SERVICES. SERVICES NOT OFFERED TO RESIDENTS OF THE STATE OF NEVADA.

 
Home About Us Privacy Policy Terms of Service Disclaimer SERVICES Careers Contact Us
 
COPYRIGHT © 2007-2016 Certified Forensic Loan Auditors ™ All rights reserved