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California’s New Fair Debt Buying Practices Act

California’s Fair Debt Buying Practices Act is now effective, as of January 1, 2014. It applies to any consumer debt sold or resold on or after January 1, 2014. The Fair Debt Buying Practices Act restricts the written statements debt buyers can make to consumers in attempting to collect a debt, and prohibits a debt […]

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California State Senate Passes Fair Debt Buyer Practices Act

The California State Senate has passed the Fair Debt Buyers Practices Act, which will require purchasers of consumer debt (“debt buyers”) to provide documentary evidence to consumers in order to ensure that their collection efforts are directed at the proper individual. Debt buyers generally purchase defaulted bulk consumer obligations (thousands at a time) for pennies […]

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Denial of The Right to Reinstate

An earlier post details the two rights a California consumer generally has to get his or her car back following repossession or voluntary surrender of a car. To recap, the first right is to “reinstate” the car loan by paying all amounts past due, plus any applicable delinquency charges, collection and repossession costs. The second […]

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Conditional Language re Credit Reporting May Violate The FDCPA

In Gonzales v. Arrow Financial Services, LLC, the Ninth Circuit Court of Appeal confirmed that a debt collector’s letter suggesting that debts might be reported to credit reporting agencies violates the Fair Debt Collection Practices Act, if the debts are too old to legally be reported. In Gonzales, Arrow purchased a portfolio of debts owed […]

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