Caputo v. Professional Recovery Services

[David A. Szwak]

Caputo v. Professional Recovery Services, Inc.
261 F.Supp.2d 1249
D.Kan.,2003.
April 21, 2003

The FDCPA provides an affirmative bona fide error defense to debt collectors:
A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
15 U.S.C. § 1692k(c). Therefore, for this defense to prevail on summary judgment, the defendants must prove for each and every alleged violation (1) that it was unintentional, (2) that it was a bona fide error, and (3) that it was “made despite ‘the maintenance of procedures reasonably adapted to avoid’ the violation.â€