During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.

CEB Prac. Guide § 2A.59 -- Defenses -- Statutory Safe Harbor for Bona Fide Errors -- Mistakes of Fact or Law

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

In Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, LPA, --- S.Ct. ----, 2010 WL 1558977 (2010), Justice Sotomayor ruled that the bona fide error defense in §1692k(c) does not apply to a violation resulting from a debt collector’s mistaken interpretation of the legal requirements of the FDCPA.     The Fair Debt Collection Practices Act (FDCPA), 15 U. S. C. §1692… Read More

We noted that the U.S. Supreme Court has taken up the issue of the scope of the bona fide error defense to an FDCPA claim in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, LPA, 2009 WL 803127 (2009),   (See our entry at http://www.calautofinance.com/?p=883)  Oral argument was heard yesterday in the Jerman matter, and a transcript of the proceedings can be found… Read More

In Edwards v. Niagara Credit Solutions, Inc.  2009 WL 3273300 (11th Cir. 2009) the Court of Appeals for the 11th Circuit decided the validity of a debt collector's concerns that complying with the mini-Miranda requirement of the FDCPA risked violating the FDCPA's prohibition against third party disclosure.  Or, as the Court of Appeals described it, whether the debt collector "had… Read More

In Ruth v. Triumph Partners, Ltd., --- F.3d ----, 2009 WL 2487092 (7th Cir. 2009), the Court of Appeals for the Seventh Circuit held that a debt collector’s inclusion of a Gramm-Leach-Bliley privacy notice with its debt validation letter violated the FDCPA.  The Court of Appeals explained:    Upon receiving and reading the collection letter and the notice, the only… Read More

In Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, LPA, 2009 WL 803127 (2009), the United States Supreme Court granted certiorari to address the question whether whether a debt collector's legal error qualifies for protection under the FDCPA's bona fide error defense.  The question pits the 6th and 10th Circuits -- which held that the defense protects against such errors -- against… Read More

In Seeger v. AFNI, Inc., -- F.3d -- 2008 WL 512416 (7th Cir. 2008), the Court of Appeals for the Seventh Circuit addressed a debt collector's contention that its reliance on periodic bulletins from the American Creditor Association ("ACA") gave rise to a 'bona fide error' defense to the plaintiff's claim that, under Wisconsin law, the debt collector could not… Read More

On July 7, 2008, the Court of Appeals for the Ninth Circuit in Reichert v. National Credit Systems, Inc. held that, in an action by a debtor against a debt collector under the FDCPA arising out of a debt that the debtor owed a former landlord, the debt collector bore the burden of proving the bona fide error defense.  The… Read More

1 2