TCPA
List of State Collection Laws
All,
Here is a list of state collection laws including Puerto Rico and Washington D.C.. This is a great place to start to learn your state's laws. These laws [...]
Case Law: Palmer v. Hoffman: hearsay exception for business records
Similar to the LVNV case from yesterday's post, here is the case that was used by Mastaw.
This is a Supreme Court ruling.
In summary:
"In short, it is [...]
Case Law: LVNV FUNDING, LLC v. MASTAW: hearsay exception for business records
In dealing with business records being admitted as evidence, this case is a great read. See attached. lvnv-v-mastaw-tn-14-dec-2011
Here is the summary:
This [...]
Case Law – Trinsey v. Pagliaro
Here's some food for thought with one of my all time favorite cases...
This case refers to Attorneys testifying in court. They cannot.
This also applies to [...]
Who can you add to a FDCPA lawsuit?
All,
I get many questions about who can be added to a FDCPA lawsuit. You will want to add as many as you can if you want to add to the statutory damages.
In [...]
CreditRage -11- Are we embellishing our results?
There is a lot of collection industry chatter about Pro Se lawsuits involving consumer law. There seems to be a industry line that settlements are much [...]
Midland Funding, Midland Credit Management, and Encore Capital Addresses for Legal Service
All,
If you are about to engage Midland Funding and related companies in litigation you should check with your state's secretary of state for the registered [...]
CreditRage -10- Inquiries and Lawyer – Bona Fide Error
All,
Check this out:
Anzivino, Ralph C., "Does the "Bona Fide" Error Defense of the Fair Debt Collection Practices Act Include Mistakes of Law?" [...]
Document – Federal Court Civil Complaint Flow Chart
Here is a document that I hope will clarify the Federal Civil Lawsuit Process.
This is a simplified flow chart that shows the process that Federal Court [...]
Does Case Law Scare You If It Is Not In Your Favor?
I read a lot of cases. I read almost every one I see.
There are cases that go for and against the consumer. There is often case law on the exact same legal [...]