Northern District Says Creditor’s Knowledge of Debtor Representation Not Imputed to Debt Collector
In Offril v. J.C.Penney, Inc., 2009 WL 69344 (N.D.Cal. 2009), Judge Hamilton held that notice by a consumer to a creditor that it was represented by counsel did not, for purposes of the FDCPA, constitute notice to the collection agency hired by the creditor to collect the debt. Judge Hamilton explained: Although plaintiff did not allege or argue that JC Penny's actual knowledge of… Read More