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BOOK UPDATED 2022!

King's Abusive Debt Collection Practice

Comb-bound plus thumb-drive

240 pages - 165 case citations

14 important exhibits

Morgan D. King, Esq.

This book endeavors to provide professionals who represent consumers, a guide for how to handle lawsuits arising from violations of the federal Fair Debt Collections Practices Act, attorneys ("FDCPA") and other statutory remedies for collection abuse experienced by consumers.

 

The preamble to the Fair Debt Collection Practices Act provides a précis of legislative intent that applies with more or less equal extent to a number of state and federal enactments that endeavor to defend consumers from abusive debt collection practices.

 

From the introduction to the FDCPA:

 

Abusive practices 

 

There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

 

The statute observes that existing laws and procedures for redressing these injuries are inadequate to protect consumers.

 

The FDCPA is a consumer protection law designed to reduce abusive debt collection practices that would likely disrupt a debtor's life.

 

The FDCPA was enacted to protect debtors from abusive debt collection practices.

 

“The primary goal of the FDCPA is to "protect consumers from abusive, deceptive, and unfair debt collection practices, including threats of violence, use of obscene language, certain contacts with acquaintances of the consumer, late night phone calls, and simulated legal process.”

Morgan D. King, Esq.
  • In private practice since 1972 - 50 years!

  • Author of King's Discharging Taxes in Consumer Bankruptcy Cases, Legal Guide to Offers in Compromise, and more.

  • Author of seven books on consumer bankruptcy law & practice.

  • Chairman of city of Dublin Planning Commission -

      8 years

  • Lead the successful campaign to preserve the West Dublin hills Greenbelt from development in 2000.

  • Helped write and lead the successful campaign to preserve natural habitat in East Dublin.

  • Recipient of NACBA's Distinguished Service Award, and NACBA'S Attorney of the Month award.

  • Recipient of NACBA's Distinguished Service Award.

  • Presenter of over 25 seminars & webinars under the banner of The King Bankruptcy Academy.

1. THE FAIR DEBT COLLECTION PRACTICES ACT

2. PROHIBITED CONDUCT - MANDATED CONDUCT

 

3. MEDIA & CONTENT

 

4. DEBT COLLECTOR'S DEFENSES

 

5. DEBTOR'S RIGHTS

 

6. LITIGATION

 

7. DAMAGES

 

8. THE AUTHOR'S CASE

 

9. THE FAIR CREDIT REPORTING ACT

 

10. THE TELEPHONE CONSUMER PROTECTION ACT

 

11. APPENDIX

11.1  Definitions 75

11.2  Sample letter to debt collector 76

11.3  Author’s letter 2010 79

11.4  Dynamics dunning letter 2014 82

11.5  Plaintiff’s Request for admissions 86

11.6  Plaintiff’s Complaint 101

11.7  Plaintiff’s interrogatories 116

11.8  Defendant’s Motion For Summary Judgment 144

11.9  Plaintiff’s response to motion for summary judgment

11.10  Plaintiff’s declaration re reply to MSJ 154

11.11  Author’s declaration 174

11.12  Court order on MSJ 181

11.13  Full text of FDCPA 194

11.14  Text of Senate Report 95-382 (1977) 200