It is currently Sat Jun 06, 2020 10:12 am

All times are UTC

Post new topic Reply to topic  [ 1 post ] 
Author Message
PostPosted: Wed Aug 09, 2006 3:01 am 
Site Admin

Joined: Fri Jul 14, 2006 6:19 am
Posts: 1687
The debt collector's ignorance of a consumer's discharge of the debt in bankruptcy (without more) is no excuse for its violation of the FDCPA. Turner v. J.V.D.B. & Assoc., Inc., 330 F.3d 991 (7th Cir, 2003). Contra, Hubbard v. National Bond & Collection Associates, 126 B.R. 422 (U.S.D.C. Del. 1991), aff'd, 947 F.2d 935 (3d Cir. 1991). Where the amount of the debt was confirmed by the Bankruptcy Court and the consumer did not object, the consumer is precluded from raising the amount of the debt as an FDCPA violation. Adair v. Sherman,230 F.3d 890 (7th Cir. 2000). The bona fide error defense, discussed later, may protect an otherwise violative communication. Juras v. Aman Collection Service, Inc., 829 F.2d 739 (9th Cir. 1987); Cross v. Risk Management Alternatives, Inc., 2005 U.S. Dist. LEXIS 13064 (U.S.D.C. N.D. Ill. 2005); Biber v. Associated Collection Services, Inc., 631 F.Supp. 1410 (U.S.D.C. Kan. 1986).

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

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:  
Powered by phpBB® Forum Software © phpBB Group