“When interpreting a statute, the court must begin with the text.[e.s.] Allen ex rel. Martin v. LaSalle Bank, NA., 629 F.3d 364, 367 (3d Cir. 2011). “If the statute’s plain language is unambiguous and expresses [Congress’s] intent with sufficient precision, we need not look further.” Psaros v Green Tree, NJ Federal District Court (New Jersey) Case #15-4277 (JLL)(JAD)
Editor’s Note: Another decision that corroborates what I have been saying for years — that excellent actions for damages lie against both the servicers (and Trustees) AND the law firms that represent them.
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The purpose of the FDCPA is “to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.” 15 U.S.C. § 1692(e). When Congress passed the legislation in 1977, it found that “[a]busive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and invasions of individual privacy.” Id. § 1692(a). “As remedial legislation, the FDCP A must be broadly construed in order
to give full effect to these purposes.” Caprio, 709 F.3d at 148. Accordingly, the Court must “analyze the communication giving rise to the FDCPA claim ‘from the perspective of the least sophisticated debtor.'” Kaymark v. Bank ofAmerica, N.A., 783 F.3d 168, 174 (3d Cir. 2015)…
prevail on an FDCP A claim, a plaintiff must prove that (1) she is a consumer, (2) the defendant is a debt collector, (3) the defendant’s challenged practice involves an attempt to collect a ‘debt’ as the Act defines it, and (4) the defendant has violated a provision of the FDCPA in attempting to collect the debt.” Douglass v. Convergent Outsourcing, 765 F.3d 299, 303 (3d Cir. 201 (citation omitted). Here, Plaintiff has alleged all four elements (Compl. 28, 29, 33, 35), and Stern Lavinthal does not dispute the first three prongs. At issue is the fourth prong: whether Stern Lavinthal violated a provision o f the FDCP A in attempting to collect the debt.
The quoted part of FDCPA: 15 U.S.C. § 1692e(2).”
False or misleading representations. A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(2) The false representation of —
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
Filed under: foreclosure