Debtor's Conduct is Irrelevant

This folder examines the concept of strict liability and whether any defenses may be asserted to strict liability. When does strict liability apply?
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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Debtor's Conduct is Irrelevant

Post by David A. Szwak »

Wells v. McDonough,
Not Reported in F.Supp., 1998 WL 160876, N.D.Ill., March 31, 1998

and

Avila v. Rubin, 84 F.3d 222, 227 (7th Cir.1996)(the FDCPA is violated if the unsophisticated consumer would be misled by defendants' conduct; proof that anyone was in fact misled is unnecessary); Stewart v. Slaughter, 165 F.R.D. 696, 699 (M.D.Ga.1996)(the FDCPA is a strict liability statute, thus whether the debtor was actually duped by the debt collector's conduct is irrelevant). Accordingly, this Court finds that the typicality requirement is satisfied.
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