“In default”

The Western District of Kentucky discusses in Fausz the “in default” provision of the FDCPA.

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Vicarious liability

In general, creditors that aren’t debt collectors under the FDCPA can’t be held vicariously liable for the actions of those they hire to collect their debts, at least in the 6th and 7th Circuits.

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Want to be attorneys

Here is a case dismissing an FDCPA claim, as well as some other claims.  The interesting part is the court’s notes about the Plaintiff and the numerous possibly related suits.  You see this a lot in collection cases, someone with a little legal knowledge holds themselves out to help people file or defend suits.  This never ends well.  I doubt it will here.

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The Kentucky Supreme Court weighs in on Stratton

The Stratton decision out of the Sixth Circuit held that the KY interest statue should be read such that assignees of charged off debt weren’t entitled to recover any pre-judgment interest, even the statutory rate.  Further, seeking such recovery may be an FDCPA violation.

The Kentucky Supreme Court has now weighed in and confirmed the Sixth Circuit reading of the statute is correct.  See Harrell

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Good for the Governor of Arizona 

This is they way things should work. 

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Juries get it right

Most of the time. They did here

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Unbelievable 

Yes,  I know that people lie to cops all the time,  but if police want to know why the public support for them is wavering   it is for things like this.   Just a petty cop on a power trip. 

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