FDCPA

FDCPA / TCPA — No Comments
23
Jan 14

2013 Debt Collection Statistics

In 2013, 10,320 suits were filed under the FDCPA; 2,276 under the FCRA; and 1,862 under the TCPA.

2013-year-over-year

FDCPA litigation has decreased for the second year in a row, down 10% over 2012 (which itself was down 7% over 2011). Also expected, TCPA litigation exploded this year, up 69% over 2012. The one surprise in the year-end numbers is that FCRA litigation eked out a small increase (just 1%, but still) over 2012, after spending most of the year down from 2012.

Meanwhile, CFPB complaints against debt collectors seem to have settled into a 1200′ish monthly rate, after exploding out of the gate over the summer.

2013_12

 

 

FDCPA — No Comments
18
Jan 14

Florida Lawfirm Phelan Hallinan Pays Up

Phelan Hallinan is a Florida law firm that represents banks in foreclosure, among other things. When Phelan Hallinan filed a foreclosure for the bank, it would include  a notice that it claimed was required under the FDCPA- which is the Federal law that governs debt collectors. First off, the notice is not required and anyone who took a moment to consider the law would come to that conclusion. Second and more importantly, the notice itself misstated the law. Somehow, Phelan Hallinan managed to mess up something as simple as copying the wording of the law. In any event, I filed a lawsuit on behalf of my client in Federal Court in the Southern District of Florida, alleging that Phelan Hallinan violated the FDCPA.

Well, Phelan Hallinan paid up. My client was able to recover $1,000.00 in statutory damages (kind of like a fine) and Phelan Hallinan also paid my attorney’s fees and costs. If you were served foreclosure papers prepared by Phelan Hallinan, we may be able to help you as well. Give my office a call at 954-523-4357.