In today’s uncertain economic times, many people are experiencing severe economic difficulties. Some have had their work hours reduced. Some have lost their jobs entirely. Others may have suffered illnesses that have kept them from working. As a result, these unfortunate people that have been falling behind on their bills are now getting calls, letters and lawsuits from debt collectors demanding payment. While debt collectors are legally entitled to attempt to collect, there are limits to how the debt may be collected and there are several laws that govern how debt collectors may legally proceed.
In this course, civil litigation attorney Patrick Howe provides an overview of the laws governing the fair collection of debts. The main areas addressed by Mr. Howe include debt collection, the main sections of the FDCPA and statutory violations under the FDCPA. Additional issues discussed include recent economic trends, the two main concerns of the FDCPA, where to file the FDCPA lawsuit, the California Rosenthal Act, the purpose of the FDCPA, the four elements of the statute, debt collectors, the rationale of the FDCPA, the collector?s goal, contacting third parties, improper time, place & method, harassment & abuse, lying and the first contact rule.
Patrick M. Howe has been a civil litigation attorney for 20 years. Mr. Howe opened his own law office in 2009, after spending 18 years practicing with two large regional and national law firms in San Diego and San Francisco. Part of his practice is devoted to the representation of consumers in abusive debt collection cases under the federal Fair Debt Collection Practices Act and California’s Rosenthal Fair Debt Collection Practices Act. In 20 years as a civil litigator, Mr. Howe has represented businesses and individuals in all types of cases, including matters involving business disputes, insurance claim disputes, insurance coverage, serious injuries, dangerous products, employment disputes, malicious prosecution, fraud, defamation and construction issues.