Jaffer Law Firm Blog
Jaffer Law Firm Blog
How do you Prove Up a Bona Fide Error Defense in a FDCPA Fair Debt Collection Practices Act Lawsuit?
Proving a bona fide error defense in a Fair Debt Collection Practices Act (FDCPA) litigation can be a challenging task, as it requires the debt collector to show that it had implemented reasonable procedures to avoid any errors, and that the error that occurred was not the result of the debt collector’s violation of the …
Can I Get Emotional Distress Damages Under the Fair Credit Reporting Act “FCRA”?
Under the Fair Credit Reporting Act, emotional distress damages from a denial of a mortgage may be quantified by considering factors such as the severity of the distress, the duration of the distress, and any related medical expenses. Additionally, a court may take into account any additional damages that may have resulted from the denial …
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Can a Business Be Sued in the County where its Registered Agent is Located for Venue Purposes?
Yes, generally a corporation can be served in the county of its registered agent for venue purposes. In the United States, corporations are required to appoint a registered agent, also known as a resident agent or statutory agent, who is responsible for receiving legal documents, such as summons and complaints, on behalf of the corporation. …
Do I Have an FCRA Claim if the Credit Bureaus or Furnisher Fixes the Credit Report Error?
Under the Fair Credit Reporting Act (FCRA), a credit denial does not have to happen after a dispute with the credit bureaus for a consumer to potentially have a claim. The FCRA requires credit reporting agencies (CRAs) and furnishers of credit information to follow certain procedures for the accurate and fair reporting of credit information. …
Can Out of State Defendants be Joined in a Lawsuit Where One Defendant is Located?
Yes, it is possible for out-of-state defendants to be joined in a lawsuit filed in a state where one of the defendants is located. This is known as “joinder” and it allows multiple defendants to be included in a single lawsuit when they have common questions of law or fact. In the U.S. legal system, …
Is Estoppel an Affirmative Defense to a Fair Debt Collection Practice Act FDCPA Lawsuit?
Estoppel is not an affirmative defense for a Fair Debt Collection Practices Act (FDCPA) violation lawsuit. The FDCPA is a federal law that regulates the behavior of debt collectors and provides consumers with certain rights when it comes to the collection of debts. Estoppel is a legal principle that prevents someone from making a claim …