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PostPosted: Wed Aug 09, 2006 2:58 am 
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Joined: Fri Jul 14, 2006 6:19 am
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The Eighth Circuit has recently declined to impute such knowledge to the debt collector where the creditor has not so informed it [Schmitt v. FMA Alliance, 398 F.3d 995 (8th Cir. 2005). Also see: Randolph V. I.B.M.S., Inc., 368 F.3d 726, 729 (7th Cir. 2004); Yaghobi v. James Robinson, Meyer Meyer Metli & Kenelly, Esqs., LLP, 2005 U.S. App. LEXIS15787 (2d Cir. 2005).], rejecting the decision of two District Courts outside the Circuit which imputed to the debt collector. Micare v. Foster & Garbus, 132 F.Supp.2d 77 (U.S.D.C. N.D. N.Y. 2001); Powers v. Professional Credit Services, Inc., 107 F.Supp.2d 166, 169 (U.S.D.C. N.D. N.Y. 2001), see generally FTC Official Staff Commentary §805(a)(2), 53 Fed.Reg. 50,097 (1988).

David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
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