The Law Office of Patrick C. Burpee, LLC - consumer rights
The Law Office of Patrick C. Burpee, LLC - consumer rights

Frequently Asked Questions

Washington Attorney Patrick Burpee

Attorney Patrick C. Burpee

Has a collection agency violated the FDCPA by attempting to collect a debt without having first obtained a state debt collection license?

The 9th Circuit Court of Appeals has held that this is not a violation of the FDCPA, but could be a violation of state debt collection and consumer protection laws.

Has a collection agency violated the FDCPA by contacting a debtor at work?

The 9th Circuit Court of Appeals has held that a debt collector can be liable under the FDCPA for contacting the debtor at work after the consumer has orally informed the collector not to do so.

Has a collection agency violated the FDCPA by sending a collection notice that requires a consumer to dispute a debt in writing?

The 9th Circuit Court of Appeals has held that this is a violation of the FDCPA.

Do lawyers have to comply with the FDCPA?

The U.S. Supreme Court has held that the FDCPA applies to attorneys who regularly engage in consumer debt-collection activity, even when that activity consists of litigation.

Has a collection agency violated the FDCPA by sending letters indicating that a consumer's credit will be damaged if payment is not made?

The 9th Circuit Court of Appeals has held that this not a violation of the FDCPA.

What is the least sophisticated consumer standard?

An objective standard which is lower than simply examining whether particular language would deceive or mislead a reasonable debtor. It is the standard applied in FDCPA cases.

Has a collection agency violated the FDCPA if the consumer does not receive the 30-Day Debt Validation Notice?

The 9th Circuit Court of Appeals has held that a collection agency only has to mail out the Debt Validation Notice to the consumer. The fact that the consumer did not receive the notice appears presently irrelevant.

Is a collection agency or law firm's efforts to collect a consumer's dishonored check governed by the FDCPA?

The 9th Circuit Court of Appeals has held that dishonored checks are subject to the FDCPA.

Are collection agency violations of state debt collection laws per se violations of the FDCPA?

The 9th Circuit Court of Appeals has held they are not per se violations.

Would a loan for various types of tools or heavy equipment presumably used for business purposes be covered by the FDCPA?

The 9th Circuit Court of Appeals has held that when determining whether a loan is for personal, family, or household purposes (and thus subject to the FDCPA), there must be an inquiry into the substance of the transaction and the borrower's purpose in obtaining the loan, rather than solely the form of the loan.

Has a collection agency violated the FDCPA by asking a consumer for prompt payment in the same letter which indicates that the consumer has 30 days to dispute the validity of the debt?

This is probably not a violation in the 9th Circuit.

Are towing and storage charges which resulted from the impoundment of an abandoned vehicle covered under the FDCPA?

This is probably not covered by the FDCPA in the State of Washington.

Has a debt collector violated the FDCPA by not including a "Mini-Miranda" warning in follow up letters to a consumer?

This is probably not a violation of the FDCPA in the 9th Circuit.

Is a consumer responsible for attorney's fees incurred to defend a collection agency if the consumer loses a FDCPA case against a collection agency?

Not in the 9th Circuit, unless the consumer's lawsuit was brought in bad faith for purposes of harassment.

Does a consumer have to prove that a collection agency's violation of the FDCPA was intentional or negligent in order to recover damages?

Not in the 9th Circuit.

Has a collection agency violated the FDCPA by demanding that the consumer immediately phone the debt collector?

This is not a violation of the FDCPA in the 9th Circuit.

Can a non-debtor sue and recover damages for violations of the FDCPA?

Yes, in the 9th Circuit.

Has an out-of-state collection agency violated the FDCPA as a result of the inadvertent failure to take into account the difference in time zones when contacting a consumer before 8:00 a.m.?

This is probably not a violation of the FDCPA in the 9th Circuit.

Has a collection agency violated the FDCPA as a result of a clerical error in the collection of a consumer debt?

The collection agency will have a viable defense in the 9th Circuit if the collection agency proves that the FDCPA violation was a "bonafide error" notwithstanding the maintenance of procedures reasonably adapted to avoid the error.

The Law Office of Patrick C. Burpee, LLC is a federally designated debt relief agency. We assist consumers with filing for bankruptcy under the Federal Bankruptcy laws.


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The Law Office of Patrick C. Burpee, LLC


Physical Address:
5315 22nd Ave NW
Seattle, WA 98107

Mailing Address:
P.O. Box 17577
Seattle, WA 98127-1269

Phone: 206-569-4876
Toll Free: 888-751-6108
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