The attorneys at Jimerson Birr have extensive experience defending class actions and are well-equipped to challenge standing and class certification. Our class action litigation experience, coupled with our FDCPA legal expertise, allows us to develop multi-facet defenses for our clients that challenge the procedure and apply the law to the facts. Jimerson Birr offers FDCPA class action defense services to our clients tasked with defending their debt collection practices against alleged FDCPA violations. Through sound policymaking and conscientious practices, debt collectors can defend shake downs by consumer lawyers looking to capitalize on unintentional and hyper-technical violations of the statute. The best way for debt collectors to avoid liability for FDCPA violations is to understand the laws and to develop policies and procedures designed to prevent violations. FDCPA violations happen, and even the most prudent debt collectors will encounter potential FDCPA violations. To establish a bona fide error defense, a debt collector has the burden to prove by a preponderance of the evidence (i.e., at least 50.01%) that 1) the FDCPA violation was not intentional 2) that the FDCPA violation resulted from a bona fide error and 3) that the business maintains procedures reasonably adapted to avoid such error. This shield is provided by, among other legal defenses and strategies, the bona fide error defense, which protects debt collectors from liability under FDCPA.

When a class action alleging FDCPA violations commences against a debt collector, a strong shield is necessary to defend against the swords. Debt collectors may be liable for actual damages or statutory damages up to $1,000 per plaintiff, attorneysвЂ™ fees, and punitive damages up to $500,000 or 1 percent of the debt collectorвЂ™s net worth, whichever is less. A debt collector found to have violated FDCPA is potentially subject to significant damages in a class action. Debt collectors include any person who regularly collects, or attempts to collect, consumer debts for another person or institution, or someone who uses a name other than its own when collecting its own consumer debts. The FDCPA is a federal law that protects consumer debtors from abusive, deceptive, and unfair debt collection practices. If receiving payment is the primary goal of a debt collector, ensuring collection practices comply with FDCPA law is perhaps a close second. Unfortunately, because debt collectors are bearers of bad news, they are subject to increased risks for lawsuits under the Fair Debt Collection Practices Act (FDCPA), even when they are doing their jobs. Conversations about owed money are never pleasant, and hostile interactions are simply part of being a debt collector. Real Estate Development, Sales & LeasingДЇair Debt Collection Practices Act DefenseД¬ollecting consumer debt can pose significant challenges for debt collectors separate and apart from collecting upon the debt.Community Advocacy & Social Responsibility.Search Website Submit SearchSearch Close Search

Fair debt collection practices act