Los Angeles Attorney - The Law Office of L. Paul Mankin IV

The Federal Trade Commission (the FTC) enforces the Fair Debt Collection Practices Act (FDCPA), which prevents debt collectors & bill collectors from using abusive or unfair tactics when attempting to collect debts. The FDCPA applies to most consumer debts except those incurred to run a business. Under the FDCPA, there are many things debt collectors [...]

Many consumers have the misconception that debts past the Statute Of Limitations (SOL) are not collectible. This is simply not the case. A creditor or debt collector can collect on a consumer debt until death, but simply cannot sue to collect the debt once it is past the SOL. It is not illegal for a [...]

One exception to the Rosenthal Act in California revolves around mortgages. A Bank harassing a consumer over a mortage is not subject to the RFDCPA as case law interpreting the act specifically excludes debts secured by a deed of trust. In California, many consumer rights attorneys will try and get around htis mortgage loophole by [...]

The FDCPA was enacted to prevent harassment by debt collectors, and is a strict liability statute, meaning that if the conduct occurred, it is automatically a violation. There is no negligence, recklessness or wilfullness standard a consumer must prove in order to establish his or her case. Many misconceptions regarding damages run rampant throughout the [...]