In order to determine whether an individual or entity is governed by the provisions of the FDCPA, you must first review some important definitions. Under the FDCPA, a communication is defined as “the conveying of information regarding a debt directly, or indirectly to any person through any medium.”
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Collection agencies are often tempted to incorporate “attorney letterhead”, or legal talk, as a part of its collection methods. Several cases have prohibited the use of attorney letterhead by collection agencies when there is evidence that the attorney had no “meaningful involvement” in the actual review and collection of the account in question.
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The FDCPA provides debt collectors with a bona fide error defense. The statue provides that a debt collector shall not be held liable for the violation if the debt collector can demonstrate by the preponderance of the evidence, that the violation was not intentional and the debt collector maintained procedures reasonably adapted to avoid such errors, as states in 15 U.S.C. Section 1692 (k)(c)
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Liability under the Fair Debt Collection Practices Act enacted in 1977, otherwise known as FDCPA. Statutory damages under the FDCPA, are capped at a maximum of $1,000. per case, not per violation. The capped amount of $1,000 set in 1077 doesn't obviously hold the same value, as a $1,000 today, which has caused the consumer bars to push for a reevaluation of that figure. This statutory damages figure isn't a set fee, it is decided upon a sliding scale of different variables.
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If you are collecting third party debts on behalf of another, the debts are for personal, family, or household use, and the debts are in default, then you can make the general assumption that the fair debt collections act does apply to your business operation. The first thing you need to do, as required by federal statute, is to send a written notice containing certain disclosures.
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Who puts your business data at risk? There are four types of employees who put the workplace at risk for cybersecurity breaches. First we have the security softy, this is a person who knows very little about cybersecurity and poses a threat, by using their work computer at home, or by letting a family member use it unsupervised.
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