What are the elements of an FDCPA cause of action?
MultiRegion, United States of America
The following excerpt is from Wheeler v. Premiere Credit of N. Am., LLC, 80 F.Supp.3d 1108 (S.D. Cal. 2015):
There are four elements to an FDCPA cause of action: (1) the plaintiff is a consumer under 15 U.S.C. 1692a(3) ; (2) the debt arises out of a transaction entered into for personal purposes; (3) the defendant is a debt collector under 15 U.S.C. 1692a(6) ; and (4) the defendant violated one of the provisions contained in 15 U.S.C. 1692a 1692o . See Turner v. Cook, 362 F.3d 1219, 122627 (9th Cir.2004).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are lawyer's and expert fees to the prevailing party in cases brought under a cause of action created by other causes of action? (MultiRegion, United States of America)
Can a tort cause of action be considered duplicative in the context of a breach of contract action? ("New York", United States of America)
Can a claim be struck against Her Majesty The Queen on the grounds that, as now pleaded, it discloses no cause of action and may prejudice or delay the fair trial of the action? (Canada (Federal), Canada)
What are the elements of a cause of action in tort for products liability? (MultiRegion, United States of America)
What are the elements of a fourth cause of action? (MultiRegion, United States of America)
Can a retaliation action against an inmate for filing a grievance be used as a cause of action under the First Amendment? (MultiRegion, United States of America)
What is the test for probable cause probable cause of action in a case where a suitcase was found to contain contraband at an airport? (MultiRegion, United States of America)
What are the elements of a cause of action for aiding and abetting under section 10(b)? (MultiRegion, United States of America)
What is the applicable limitation period for a claim for damages arising out of an action where the material facts underlying the cause of action became known? (Canada (Federal), Canada)
Does a federal district court have retained jurisdiction for a state cause of action for wrongful death when the federal cause was dismissed? (MultiRegion, United States of America)
