SUMMARY
This chapter is excerpted from the 2013 edition of Consumer Law in Oregon, which will enable you to protect your clients' financial interests and advise them about available rights and remedies. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 22
FAIR DEBT COLLECTION PRACTICES ACT
Keith D. Karnes
§22.1 INTRODUCTION
§22.2 ESSENTIAL ELEMENTS
§22.2-1 Debt Collector
§22.2-2 Debt
§22.2-3 Conduct Must Be in Connection with Collection of a Debt
§22.2-4 Communications
§22.2-5 Definition of Creditor
§22.2-6 Unsophisticated or Least-Sophisticated Debtor
§22.3 PROHIBITED DEBT COLLECTION ACTIVITIES
§22.3-1 Debt Collection Communications
§22.3-2 Harassment or Abuse
§22.3-3 False or Misleading Representations
§22.3-4 Collection of Time-Barred Debts
§22.3-5 Unfair Practices
§22.3-6 Validation of Debts
§22.3-7 Litigating Lawyers as Debt Collectors—Heintz v. Jenkins
§22.3-8 Appropriate Venue for Legal Actions by Debt Collectors
§22.3-9 Furnishing Deceptive Forms
§22.4 TYPICAL PARTIES AND FACT SITUATIONS
§22.4-1 Improper Validation Notice
§22.4-2 Overshadowing of Validation Notice
§22.4-3 Lawyer as Debt Collector
§22.4-4 Debt Collector Must Cease Communications
§22.4-5 Demand for Verification
§22.4-6 Threat to Communicate with Third Parties
§22.5 ADVANTAGES
§22.6 PITFALLS AND HAZARDS
§22.7 REMEDIES AND DAMAGES
§22.7-1 Individual Actions
§22.7-2 Damages in a Class Action
§22.7-3 Attorney Fees
§22.7-4 Injunctive Relief
§22.8 JURISDICTION
§22.8-1 Appropriate Venue
§22.8-2 Removal from State Court
§22.8-3 Federal Court and State Court Compared
§22.9 DEFENSES
§22.9-1 Bona Fide Error Defense
§22.9-2 Reliance on FTC Opinions
§22.9-3 Statute of Limitations
§22.9-4 Counterclaim by Debt Collector
§22.9-5 State Agency Immunity
APPENDIX 22A Sample Validation Notice
APPENDIX 22B Suggested Initial Communication from Bartlett v. Heibl
APPENDIX 22C Validation Notices that Violate 15 USC §1692g