Monthly Archives: March 2015

Amen, Amen, Amen!

Every word of this is true, and IMHO it is the biggest problem with the government today.  If it is not addressed, I predict that it will lead to some very bad results. Advertisements

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A rare Circuit court win for the collector

Here, a bona fide error defense wins at the District Court level AND is affirmed at the 11th Circuit.  Rare indeed.

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Wrong, wrong, wrong

State courts screw up the FDCPA all the time.  Here is a perfect example.  The court predicates potential liability on letters written by Chase to the debtor trying to collect debt that was no longer legally enforceable.   However, Chase … Continue reading

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Another Kentucky FDCPA decision

Here is the opinion.  While none of it is shocking, it does solidify a couple of points of law that hadn’t been decided in the Federal District Courts in Kentucky before.  The ruling regarding what constitutes a compulsory counterclaim is … Continue reading

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Government bureaucrats

For some reason, bureaucrats at all levels of government seem to think that rights are things they get to hand out and restrict as they see fit.  This attitude must change. Example here.

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Attorney’s fees demands in debt collection litigation

Demands for attorney’s fees many times form the basis of claimed FDCPA violations.  Properly plead attorney’s fees demands in litigation should generally not give rise to an FDCPA claim.  See the Fourth Circuit’s decision here.

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What is a dispute under the FDCPA?

Sadly, the FDCPA doesn’t define the term.  There are no “magic words” that indicate a dispute.  For an example of the issues this raises, see this case.

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