Monthly Archives: November 2013

The police state

Where anything is possible.  Tar and Feathers.

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Demand on the wrong party

A recent Federal case out of Michigan clarifies that a person wrongly contacted by a debt collector is a consumer for the purposes of being able to bring a claim under the FDCPA.

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Zoning laws

I do not oppose reasonable zoning laws, but the problem with them is that once you give politicians and bureaucrats a little power, they try and use it to force people to live the way they think peple should live.  … Continue reading

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Bona fide error under the FDCPA

This 9th Circuit court case has a nice discussion of the bona fide error defense in the FDCPA.  Unfortunately, it is in the dissent.

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A typical FDCPA case

The fact situation in this case describes the situation faced by many third party retail collection attorneys.  I believe the court’s analysis of the facts is correct, but sadly all too often these same facts result in judgments of the debtor/plaintiff.

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Best use of footnotes in a letter responding to a legal bully

The award goes to….Read here. (H/T Popehat)

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When does an FDCPA case accrue?

This Sixth Circuit case deals with an interesting fact situation, part of which happens pretty often.  A debtor receives a demand for payment that might violate the FDCPA, then the debtor files bankruptcy.  Subsequent to the bankruptcy discharge, the debtor … Continue reading

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