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CEB Prac. Guide § 2A.26 -- Communications with Third Parties -- Communications Regarding the Debt -- California

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We previously addressed the Evon case oral argument here:  http://www.calautofinance.com/?p=2563&preview=true&preview_id=2563&preview_nonce=86a7e87b16.  The Court of Appeals issued its ruling yesterday.  In Evon v. Law Offices of Mickel, here, the Court of Appeals for the Ninth Circuit found deceptive the practice of sending collection letters to the debtors at their employer's address. Next, even if Mickell assumed that some debtors receive mail at… Read More

In McEndree v. Rash Curtis & Associates, 2012 WL 1640465 (E.D.Cal. 2012), Judge England found that liability cascaded down through the Rosenthal Act and FDCPA when a debt collector communicated about the debt with a girlfriend whom the debt collector mistakenly believed was the debtor's spouse.  Judge England found liability for impermissibly violating the prohibition against discussing more than location information… Read More

A copy of the Article can be found here.    Source:  Consumer Financial Services Law Report. Copyright 2009 by LRP Publications, P.O. Box 24668, West Palm Beach, FL 33416-4668. All rights reserved. For more information on this or other products published by LRP Publications, please call 1-800-341-7874 or visit their website at: www.shoplrp.com Read More