THE ROSENTHAL FDCPA By June D. Coleman and Mark E. Ellis With increasing frequency, claims have been asserted against collection agencies alleging violations of California’s Rosenthal Fair Debt Collection Practices Act (“Rosenthal FDCPA”), Civil Code sections 1788, et seq. Given this increasing interest by the plaintiff’s bar, this article offers an overview of the Rosenthal FDCPA.
IS YOUR ATTORNEY MEANINGFULLY INVOLVED IN YOUR COLLECTION PROCESS? By Mark E. Ellis and June D. Coleman Is an agency’s use of an attorney’s name on (or in) collection demands legal under the Fair Debt Collection Practices Act? The answer depends on whether the attorney whose letterhead is being used is actually and “meaningfully” involved in the collection process.
FROM THE FRONTLINE By Mark E. Ellis
The best way collection agencies can position themselves to defend against – and, more importantly, avoid -- litigation is to set up practices and procedures that are designed to prove compliance with the law.
THE FCRA AND YOU By Mark E. Ellis
This article examines claims asserted against collection agencies which allege violations of the Fair Credit Reporting Act, the Consumer Credit Reporting Agencies Act, or both.
MEDICAL COLLECTIONS: THE CONTINUING CONTROVERSY OF WHETHER CALIFORNIA WELFARE & INSTITUTIONS CODE § 17401 PROHIBITS COLLECTION AGENCIES FROM CHARGING INTEREST By Mark E. Ellis This article examines the issue of whether one sentence buried in the middle of California Welfare & Institutions Code § 17401 prohibits any county hospital -- and, hence, its outside collectors -- from charging interest on outstanding or overdue accounts.
ANSWERS TO COLLECTION QUESTIONS FROM MEMBERS OF THE AMERICAN COLLECTOR’S ASSOCIATION By Mark E. Ellis and Jacob Koper This article answers questions of general interest to collection agencies in California.
AN UPDATE ON "OVERSHADOWING" By Mark E. Ellis Because collection agencies repeatedly ask questions about "overshadowing" issues, this article discusses defenses to an "overshadowing" claim. COLLECTION ON TIME-BARRED ACCOUNTS By Mark E. Ellis Can collection activity or even litigation be pursued on a time-barred debt? Legally and ethically the answer should be a resounding yes!
ALL RIGHT, YOU’VE BEEN SUED. . . NOW WHAT DO YOU DO? By Mark E. Ellis This article covers some of the important issues to keep in mind if, and after, you are sued.
CAN YOU COLLECT INTEREST ON A COUNTY HOSPITAL DEBT? By Mark E. Ellis and June D. Coleman This article examinies whether it is a violation of Welfare and Institution Code section 17401 for an agency to collect interest on a debt owed to a county hospital.
ESSENTIAL COMPONENTS OF AN EMPLOYEE MANUAL By Barbara A. Cotter and Mark E. Ellis This column addresses another critical tool collection agencies, and all employers, should utilize to reduce the risks of litigation: the employee manual.
PROMOTE AN “OPEN DOOR POLICY” AT WORK TO DISCOURAGE EMPLOYMENT-RELATED CLAIMS By Mark E. Ellis and Barbara A. Cotter Although not a guarantee, the adoption, implementation, and promotion of a genuine “open door policy” helps not only to ensure a more civilized workplace, but it may also provide an affirmative defense to an employment discrimination claim.
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