Posts Tagged ‘Bona Fide Error’
Decisions in the Third Circuit Highlight the Need for Supreme Court Review of Oliva
A line of cases developing within the Third Circuit highlights the need for the Supreme Court to grant the pending petition for a writ of Certiorari in Oliva v. Blatt, Hasenmiller, Leibsker & Moore, LLC. The crucial question to be put to the Court is whether a debt collector should be subjected to liability under…
Read MoreSeventh Circuit Rules That Collection Lawyers May Not Rely on Its Own Decisions
In a decision that cries out for legislative action the United States Court of Appeals for the Seventh Circuit has ruled that attorneys who collect consumer debts in the Seventh Circuit may not rely upon decisions of the Seventh Circuit in determining how they should comply with the FDCPA. The troubling en banc decision reversed…
Read MoreBona Fide Error Defense Requires Reasonable, but not Foolproof, Policies and Procedures
New Jersey’s federal district court has provided a measure of comfort under circumstances that will be familiar to most debt collectors. In Gebhardt v. LJ Ross Assocs., the plaintiff’s attorney sent the defendant a certified letter stating that the plaintiff had retained counsel, and that all communications should be directed to counsel. (The letter also…
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