FDCPA § 811. Legal actions by debt collectors [15 USC 1692i] (a) Any debt collector who brings any legal action on a debt against any consumer shall -- (1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or (2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity -- (A) in which such consumer signed the contract sued upon; or (B) in which such consumer resides at the commencement of the action. (b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors. So which is it, they can or they cannot?
I think this may answer your question. Before they can sue you, a debt collector must have a legal right to do so. Of the sections you highlighted, (a) is saying that if they have a legal right to sue you, they must do it as outlined in this section. (b) says that they should not interpret (a) as giving them the legal right to sue you. In other words, the legal right to sue you must come from somewhere other than (a). This is to stop them from saying that they must have a right to sue you, otherwise (a) would be meaningless. The answer is, yes, they can sue you, if they can find a legal right to do so. But, this legal right to sue you must come from somewhere other than section (a). Does this help you or just add to the confusion? Or, did I completely miss the question?
