What are the elements of a collection defense law claim?

In Maryland, the elements of a collection defense law claim involve providing evidence that a debt collector has violated the Fair Debt Collection Practices Act (FDCPA). Debt collectors may not engage in abusive, deceptive, or unfair practices when attempting to collect from consumers. The main elements of a collection defense claim are: 1. The debt in question must be a “consumer debt,” which is defined as a debt incurred primarily for personal, family, or household purposes. 2. The debt must be an installment debt, open-end credit, or a single-payment loan. 3. The debt must be held by an entity that meets the definition of a “debt collector” under the FDCPA. This includes any person who regularly collects debts on behalf of creditors or third-party debt buyers. 4. The consumer must have received a written notification from the debt collector about the debt. 5. The debt collector must have violated the FDCPA in some way. If the consumer can provide evidence that all of these elements are true, then a court may find that the debt collector has violated the FDCPA and issue a judgment in favor of the consumer. When a court finds that a debt collector has violated the FDCPA, the consumer may be eligible for damages, including attorney fees and court costs.

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What are the elements of a collection defense law claim?

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