It is currently Thu Dec 12, 2019 8:25 am

All times are UTC




Post new topic Reply to topic  [ 1 post ] 
Author Message
PostPosted: Sat Dec 30, 2006 8:49 am 
Offline
Site Admin

Joined: Fri Jul 14, 2006 6:19 am
Posts: 1687
Gough v. Bernhardt & Strawser, PA
Slip Copy, 2006 WL 1875327
M.D.N.C.,2006.
June 30, 2006

Plaintiff's Arguments Under the FDCPA

As previously stated, Plaintiff nevertheless asserts that Defendants have (1) violated the FDCPA at § 1692e(2)(A), by knowingly misrepresenting the character, amount, and legal status of the debt because Plaintiff had previously disputed the debt to Citibank and Defendants did not state that the debt was disputed in the State Complaint; (2) violated the FDCPA at § 1692e(8) by knowingly failing to communicate that the debt was disputed to the District Court in Yadkin County; (3) violated the FDCPA at § 1692g(b) by failing to cease collection of the debt until such time as Plaintiff was provided written verification; and (4) violated the FDCPA at § 1692g(b) by failing to cease collection of the debt until such time as Plaintiff was provided the name and address of the original creditor.

The FDCPA at § 1692e prohibits a debt collector from using any false, deceptive, or misleading representation or means in connection with the collection of any debt. The section goes on to specifically state that it is a violation of § 1692e to falsely represent “the character, amount, or legal status of any debt.â€

_________________
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 1 post ] 

All times are UTC


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Group