Bona Fide Error Defense to Strict Liability

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

Bona Fide Error Defense to Strict Liability

Post by David A. Szwak »

"The FDCPA establishes a strict liability standard; a consumer need not show intentional violation of the Act by a debt collector to be entitled to damages." [FN28] Castro v. ARS Nat'l Servs., Inc., No. 99 Civ. 4596, 2000 WL 264310, at *2 (S.D.N.Y. Mar. 8, 2000) (citing Russell, 74 F.3d at 33). A single violation of the Act is sufficient to subject a debt collector to liability under the Act. Id.

FN28. The FDCPA does provide a debt collector with an affirmative
defense known as the "bona fide error defense." See Acheampongtieku v. Allied Interstate, Inc., No. 04 Civ. 8397, 2005 WL 2036153, at *6 (S.D.N.Y. Aug. 24, 2005). To prevail on this defense, the debt collector must establish that the FDCPA violation was unintentional and resulted from a bona fide error notwithstanding procedures reasonably adapted to avoid error. See 15 U.S.C. § 1692k(c).

Foti v. NCO Financial Systems, Inc.
424 F.Supp.2d 643
S.D.N.Y.,2006.
Mar 25, 2006
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