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

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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

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