I can't run down everything, if this is a situation that pertains to you then they may be code/caselaw, etc to at least go after the CA if not get it vacated.
IV. Practice Prohibited by the FDCPA
The FDCPA codifies unfair, misleading practices for which a remedy in many instances was available prior to the passage of Act. 15 U.S.C. § 1692f. The following are some examples:
- A collector sent a form letter that had been signed by an attorney demanding payment. The attorney had no knowledge of the actual case and had not conferred with the collector.
- Filing suit on a debt that was barred by the statute of limitations, without reasonable inquiry regarding the limitations was held to be unfair and an unconscionable means of collecting the debt.
- Using a false return address was held to be a violation of the Act.
Message Edited by Lady_Scarlet on
02-27-2008 05:42 PM
