Reboot Your Life: Tampa Student Loan and Bankruptcy Attorney Blog
So the Consumer Financial Protection Bureau is in the process of being shut down. I expect that private consumer claims will increase thereafter when consumers realize that the government will not be taking action to protect them through the CFPB, FTC or other entity.
Many collection attorneys send out communications to a consumer’s past attorney as required by the Florida Bar. We review them and send to our former client. Here in the 11th Circuit which includes Florida, collection letters that are made from a collection attorney to a consumer’s attorney are actionable under the Fair Debt Collection Practices Act (“FDCPA”) per Bishop v. Ross Earle & Bonan, P.A., 817 F.3d 1268 (11th Cir. 2016). To defeat a standing issue, it’s important that the consumer attorney relay the letter or communication to the client though. Sometimes charging a small fee to review the matter can also defeat a standing challenge.
So what is a communication? We use email a lot (who doesn’t right?) and there was just a case out under the Florida Consumer Collection Practices Act, Quinn-Davis v. TrueAccord Corp, No. 1:23-cv-23590-LEIBOWITZ/REID (S.D. Fla. Nov. 20, 2024) which held that merely sending an email does not constitute a “communication” unless it is actually opened and read. This will reduce the viability of class actions based solely on information sitting in someone’s inbox.
Bottom line, be sure to open emails from your prior attorneys, even if it’s an old matter. We will open emails received on old closed files as well. Whatever is being forwarded to you may be actionable as a collections violation. The creditor may be asserting a claim that is too old and past the statute of limitations for instance. Many violations are waived if you ignore them and don’t respond to a lawsuit. While it’s hard to try and set aside a judgment if you don’t respond, it’s relatively easy to fight the case so the SOL isn’t waived in the first place.
If you believe that a creditor or debt buyer has acted in a manner they shouldn’t, please let us know and we’ll see if we can do anything about it. Just use the box below to schedule a time to talk with us, or call us at 813-258-2808.
