Tampa Student Loan and Bankruptcy Lawyer Blog — March 24, 2020
I expect that private consumer claims will increase after consumers realize that the government won’t be taking action to protect them through the CFPB, FTC or other entity. I expect private consumer claims to increase when consumers realize the government won’t be taking action to help them through the CFPB or FTC, or any other entity. We review and send them to our former clients. In the 11th Circuit, which includes Florida, collection letter sent by a collection attorney to a client’s attorney is actionable under the Fair Debt Collection Practices Act (FDCPA) per Bishop v. Ross Earle & Bonan P.A. 817 F.3d. 1268 (11th Cir. 2016). It’s important for the consumer attorney to relay the letter or communication from the consumer to the client in order to defeat a standing challenge. A small fee for reviewing the matter may also be able to defeat a standing issue. We use email a lot (who doesn’t right?) Quinn-Davis was recently a defendant in a case under the Florida Consumer Collection Practices Act. 1:23-cv-23590-LEIBOWITZ/REID (S.D. This will reduce the viability of class actions based solely on information sitting in someone’s inbox. This will make it harder for class actions to be brought based on information that is sitting in someone’s email. We will also open emails on closed files. You may be able to take action for any information that is sent to you. For example, the creditor could be asserting an old claim that has passed the statute of limitations. If you ignore a lawsuit and don’t reply, many violations are waived. It’s difficult to set aside a judgment when you don’t respond. However, it is relatively easy to fight a case to prevent the SOL from being waived. Just use the box below to schedule a time to talk with us, or call us at 813-258-2808.
