KEVIN L. HERNANDEZ - PROTECTING NEVADA'S CONSUMERS - (702) 563-4450
  • Home
  • About
  • Contact
  • Blog

CONSUMER LAW BLOG

A Debt Collector’s False Statement Must be Material to Violate the FDCPA

5/8/2018

4 Comments

 
The Eighth Circuit recently found that consumers must prove a debt collector’s false statement was material to violate the Fair Debt Collection Practices Act (“FDCPA”). In applying this standard, the Eighth Circuit joined five other federal circuit courts, including the Ninth Circuit, which encompasses Nevada and California, among other states.
 
The case involved a lawsuit against the consumer for an unpaid medical debt that the collector purchased from the medical provider. In the underlying case, the consumer challenged the documents supporting the lawsuit, and the court ruled in the consumer’s favor. The consumer then sued the medical collector for violating the FDCPA by making false statements and threatening to take action that cannot be legally taken. The Eighth Circuit found that a debt collector’s loss of a collection action, in and of itself, does not establish a violation of federal debt collection laws.
 
This case illustrates the importance of hiring an experienced Las Vegas debt collection attorney to review and analyze your case. It also demonstrates that claims against debt collectors must be vetted to ensure they comply with federal law and precedent to avoid dismissal as occurred in this matter.

Source: Hill v. Accounts Receivable Services, LLC, No. 16-4356 (8th Cir. 2018)
4 Comments
best essay papers link
5/14/2018 08:11:57 pm

Managing your debt is definitely one of the hardest things a person can deal with, especially if that person doesn't have the right knowledge on handling your handling. I am sure it will be frustrating and will keep you under your debt if you don't know how to handle it properly. That is why I have to thank you for all the tips you cited above. It will be helpful to everyone who is having a hard time with this matter. There are ways on how to solve it, one of these is for you to save money.

Reply
Gay Chat Iowa link
3/9/2021 12:01:25 pm

Hello mate, nice blog

Reply
Ric Clayton
9/16/2021 11:42:34 pm

I really want to thank Dr Emu for saving my marriage. My wife really treated me badly and left home for almost 3 month this got me sick and confused. Then I told my friend about how my wife has changed towards me. Then she told me to contact Dr Emu that he will help me bring back my wife and change her back to a good woman. I never believed in all this but I gave it a try. Dr Emu casted a spell of return of love on her, and my wife came back home for forgiveness and today we are happy again. If you are going through any relationship stress or you want back your Ex or Divorce husband you can contact his whatsapp +2347012841542 or email emutemple@gmail.com website: Https://emutemple.wordpress.com/ Https://web.facebook.com/Emu-Temple-104891335203341

Reply
M4M Iowa link
12/18/2022 03:42:39 pm

Hello mate great blog posst

Reply



Leave a Reply.

    Archives

    August 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    June 2021
    February 2021
    January 2021
    December 2020
    March 2020
    February 2020
    January 2020
    October 2019
    July 2019
    June 2019
    April 2019
    February 2019
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2016
    December 2015

    Categories

    All

    RSS Feed

Law Office of Kevin L. Hernandez
8920 W. Tropicana Avenue, Suite 101
​Las Vegas, Nevada 89147
P: (702) 563-4450
F: (702) 552-0408
​E: kevin@kevinhernandezlaw.com

Avvo - Rate your Lawyer. Get Free Legal Advice.
  • Home
  • About
  • Contact
  • Blog