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fdcpa: US Supreme Court Rules Against Debt Collector - 04/25/10 09:03 AM
Debt collectors can no longer claim ignorance of the law as an excuse for violating the Fair Debt Collections Practices Act (FDCPA) while attempting to collect a debt. On Wednesday, the United States Supreme Court handed down a ruling that severely restricts the "bona fide error" defense under the Fair Debt Collection Practices Act for debt collectors that send erroneous collection notices. In a 7-2 ruling, the high court ruled that collection law firms could not use misinterpretations of the law in a "bona fide error" defense under the FDCPA. In the matter of Jerman v. Carlisle, McNellie, Rini, Kramer &
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