I know that for some of us, it is worrisome to file suit against a collection agency for an FDCPA violation of the thirty-day debt validation period, when there is the possibility that the debt is real. (Of course, how do we know whether we owe the debt when the collection agency won't validate?). But what if the judge does put us on the spot, with the question, "do you or don't you owe Scuzzbag Collection Agency this money?" Perhaps the case law cited in the following link will give you a little more confidence to go forward with a lawsuit. http://www.state.in.us/judiciary/opinions/archive/03260101.ewn.html This was a complicated appeal because there were several issues, but on page 10 (10 of 12 on my print out) towards the top of the page, the appeals court states: "An FDCPA claim 'has nothing to do with whether the underlying debt is valid. An FDCPA claim concerns the method of collecting the debt. It does not arise out of the transaction creating the debt...the Act makes debt collectors liable for various abusive, deceptive, and unfair debt collection practices regardless of whether the debt is valid. Our analysis is further consistent with the well-settled principle that the FDCPA is a strict liabiity statute and that a consumer need not show intentional conduct by the debt collector to be entitled to damages.' I believe this case, and the other's cited in the opinion, would carry more weight in court than an FTC opinion letter. I don't know about you, but I will feel better having this tucked away in my briefcase just in case.
Thank you so much for posting this. I wish there was a simple (and cheap!) way to research case law on the FDCPA act. Anyone know of such a way? Robert
Hi Robert, You might give Westlaw a try. I used it a few months ago and found it pretty useful, although they can be kind of stingy about what they allow free access to. I don't know how much a subscription is, but I'm sure it's out of my price range. http://www.westlaw.com/NewUser/trial.wl[/url] I don't recall how I came across the Indiana case I mentioned in my previous post -- I may have even read about it here originally. It's been in my reading stack for a while, and finally read it last night.
Excellent information for everyone going in to an FDCPA lawsuit. Thanks for posting this. I will add the link to the case law section of the Un-FAQ. -Peace, Dave
This looks interesting: http://www.consumerlaw.org/manuals/fair_debt_collection.html There are also other places that are cheaper than West, or you could go to the law library at your local university.
