Date: January 13, 2016Author: Denbeaux & Denbeaux
In April 2015 Adam Deutsch, Esq. of the law firm of Debnbeaux and Denbeaux and Ashleigh Lewis, had a piece published in the Rutgers Law Journal “Attorney Liability in Lien Enforcement: The Untapped Potential of the FDCPA“. In this work the authors discussed how prevalent FDCPA claims are, and how simple they are to enforce, and the potential for monetary damages to be awarded to debtors. Quoting from the conclusion of “Attorney Liability in Lien Enforcement: The Untapped Potential of the FDCPA”
The Fair Debt Collection Practices Act is an underutilized and undervalued statute. One need only refer to a national newspaper to find, on any given day, at least one article relating to unjust activity within the collections industry. With consumer debt at an all-time high and the American public still climbing out of the great recession, there are an abundance of FDCPA violations that go unenforced with each passing day. This should be a great concern to anyone engaged in the collections industry. The juxtaposition is that debtors and consumer attorneys have been missing an opportunity to pursue the rights granted by Congress under the FDCPA.
In a recent decision from the United States District Court of New Jersey Case 2:15-cv-04277-JLL-JAD attorney Adam Deutsh, established the potency of the FDCPA for consumers who feel they might have been wronged by unjust activity within the collections industry.
Now, in this podcast Adam Deutsch discusses the potential for consumers to make complaints against those trying to collect as well as the attorneys who represent them by virtue of this case. Quoting from the conclusion of “Attorney Liability in Lien Enforcement: The Untapped Potential of the FDCPA”
The FDCPA continues to be a self-policing statute in the civil litigation context. Federal agencies with enforcement power have made clear that they will remain on the sidelines and allow the collections industry to remain operating in the shadows of the law. The potential threat for a call to arms among debtors is very real. When it happens, the collections industry will be changed forever as the monetary incentive to pursue collections activity is greatly reduced by the threat of strict liability monetary awards, including lofty counsel fees.