Due Process and Collections Litigation At some point, most businesses, especially those involved in interstate or international transactions, are going to have to sue someone to collect an overdue bill. When dealing with a debtor that resides or does business primarily in another state, one critical issue to consider will be: can I sue the […]
BREXIT And The US Exporter
As part of his campaign commentary, Donald Trump proffered the plummeting Pound Sterling in the wake of BREXT, the UK’s vote to leave the European Union, was a great buying opportunity for Americans. That may or may not be true, depending upon what is being purchased. However, the BREXIT (British Exit) from the EU, I […]
Convenience Fees and Collection Costs
Do Your Standard Practices Violate the FDCPA? It’s such a standard business practice we generally don’t think twice about it anymore: when making a payment, if the payer wishes to use a credit card or check-by-phone, she can expect to be charged a “convenience fee”. These fees can be a flat amount, or calculated as […]
Am I a Debt Collector?
The FDCPA Can Apply to Creditors Collecting Their Own Debt With the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and other government agencies –including the United States Supreme Court– becoming more and more involved with regulating debt collection in the United States, it is important to remember that although the focus of […]
Can I Pull a Debtor’s Credit Report?
Imagine that a document exists that gives you a debtor’s financial history, addresses and phone numbers, outstanding and disputed debts, and many other salient facts about your debtor’s financial health. There is, of course: the debtor’s credit report. However, given the power of this document, access is limited and protected by California and federal law. […]
Consumer vs Commercial Collections
Our firm specializes in the handling of commercial debt collection cases, but occasionally we do take on a consumer case. Friends and clients have often asked what the distinction is between the two classifications. What is the difference between consumer and commercial debt? Let’s start by a simple set of definitions. A consumer debt, which […]
What is the Foreign States Immunity Act (FSIA)?
Did you ever want to sue a foreign government? If so, your case would be greatly impacted by the Foreign States Immunity Act (FSIA) of 1976. Pursuing a legal matter against the government of another country can be complicated. Consider the following case study. Though fictional, it is based upon real events. Who Are The […]
Can I Cash This Check Without Compromising My Claim?
What should a creditor do if a debtor sends a check with the notation: “paid in full” or other similar language, but the creditor believes a greater amount is owed? Does cashing the check settle the claim, thereby preventing the creditor from pursuing further collection? What happens if creditors cash this check without realizing the […]
Do You Just Delete Those Scams?
For Credit & Collection Professionals On a daily basis it’s routine for each of us in this industry to go to our email inbox and find several new emails from people who claim they represent major companies abroad, asking us if we handle breach of contract or collection cases. Then they invite us to send […]
What is a Foti Message Within FDCPA Compliance
The Fair Debt Collection Practices Act (“FDCPA”) is a federal law intended to protect consumers from unscrupulous or harassing debt collection practices. The FDCPA was enacted in 1978, before the Internet, or even cell phones. Therefore, especially with regards to technology, the FDCPA can be less than clear. This article will discuss the rather surprising […]