Defending Debt Collection Suits In The Auto Finance Arena

Category: Auto Financing Published: Sunday, 31 January 2016 Written by Super User

Law360, New York (January 25, 2016, 12:26 PM ET) -- According to the Consumer Financial Protection Bureau, debt collection is the leading source of consumer complaints. Many debt collection statutes, including the Fair Debt Collection Practices Act, provide for a private right of action and damages against companies that violate their provisions. Some recent case law under the FDCPA could provide important defenses for auto financing companies opposing such lawsuits.

Who is a Debt Collector?

As a preliminary matter, one must be a debt collector in order to fall under the purview of the FDCPA.[1] The...

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