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Category Archives: Compliance

Florida’s DUTPA Law: What, Me Worry?

Florida’s DUTPA Law: What, Me Worry?

Like most states, Florida enacted its own unfair trade practices law many years ago. These statutes are commonly referred to as “Little FTC Acts” because they largely adopt federal law in their substance. Florida’s act (Chapter 501 FS) primarily depends on federal interpretation by the FTC for its true meaning. This law is officially called… Continue Reading

How could Florida’s DUTPA law affect you or your business?

Understanding the parameters of Florida’s Deceptive and Unfair Trade Practices Act (DUTPA) could save your business from unwanted litigation and potential damages. Although the purpose of the law is “…to simplify, clarify and modernize the law governing consumer protection, unfair methods of competition, and unconscionable, deceptive and unfair trade practices.” it is not necessary for… Continue Reading

FDCPA vs. FCCPA: Similar Names, Important Differences

FDCPA vs. FCCPA: Similar Names, Important Differences

The Fair Debt Collection Practices Act (FDCPA) is a well-known federal statute that governs the debt collection industry. It provides protection for consumers who have been “harassed” by debt collectors. (“Protection” meaning: monetary damages, injunctions, etc. for violating provisions of the FDCPA.) While many feel that the FDCPA is too broad, ambiguous, and overbearing, similar… Continue Reading

Announcement: Upcoming Webinar on Debtor Email & Text Communication

Announcement: Upcoming Webinar on Debtor Email & Text Communication

We are continuing our webinar series on January 28th at 1pm ET, as founder & CEO Robert Hiday will be leading a discussion on modern debtor communication methods (namely email & texting) in light of the FDCPA and Florida’s related FCCPA. We hope you can join us for this event as it will be beneficial for all creditors doing business… Continue Reading

The Bank of America Judgment: A Lesson For Creditors

The Bank of America Judgment: A Lesson For Creditors

On December 4th, the United States District Court for the Middle District of Florida denied Bank of America’s (BofA) motion to set aside a default judgment in an action brought by Nelson and Joyce Coniglio.  The Coniglios initially received a default judgment from the Court for $1,051,000 in October  under a Telephone Consumer Protection Act… Continue Reading

New White Paper Discusses How to Apply the FDCPA to Debtor Email & Text Communications

New White Paper Discusses How to Apply the FDCPA to Debtor Email & Text Communications

The FDCPA was passed in 1977, but since those early times, texts and emails have exploded in our culture.  They are now important communication methods for collectors to reach their customers. The underlying legal issue of “third party disclosure” is the most important consideration when discussing this topic, since it is a generally violation of… Continue Reading

The Servicemembers Civil Relief Act: What You Need to Know

The Servicemembers Civil Relief Act: What You Need to Know

The Servicemembers Civil Relief Act (SCRA) was created to add an additional layer of financial protection for those entering, deployed or called to active duty. Its purpose is to relieve these individuals from the difficulties tied to certain financial and legal obligations. This means that certain judicial and administrative proceedings and transactions may be temporarily… Continue Reading

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