Legislative Update: Outdated Laws and Unintended Consequences

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Presentation transcript:

Legislative Update: Outdated Laws and Unintended Consequences Manuel H. Newburger Barron & Newburger, PC 7320 N. MoPac Expy., Suite 400 Austin, TX 78731 512.649.4022 |Direct 866. 476.9103, x-216 |Office 512.797-3328 |Cell mnewburger@bn-lawyers.com Twitter: @ManuelNewburger

Mandatory Notices

FDCPA Basic FDCPA notice Basic FDCPA notice plus Miller/Avila Text Basic FDCPA notice plus Miller/Avila Text and Greco Disclaimer Recent NJ cases

FDCPA + Stale Debt Notice Licensure Notices Special Notices of FDCPA-type Rights California Massachusetts Negative Credit Reporting Notices Stale Debt Notices Choice of Law Non-Reported Debts

State Licensing Requirements Debt Buyers Attorneys Net Worth Issues

Statutes of Limitations Range of limitations periods Extension by Payment Novation Is longer better or worse for consumers?

Choice of Law Common Law Borrowing Statutes

Liability for the Debts of Others Statute of Frauds Doctrine of Necessaries/Necessaries Statutes Filial Responsibility Statutes