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2nd Cir. Holds FDCPA Defendant’s ‘Bona Fide Error’ Defense Should Go to Jury

Collection Industry News

Court of Appeals for the Second Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) where it unintentionally sent a valid debt collection communication to a non-debtor. After discovery, both parties moved for summary judgment.

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The Limits On Direct And Vicarious Liability Under The FDCPA

FDCPA Defense

How can debt collectors avoid liability for the conduct of others? For example, generally speaking, the Act applies only to “debt collectors” who regularly attempt to collect debts that are “due another.” or an assignee of a debt, as long as the debt was not in default at the time it was assigned.”).

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Tenth Circuit Affirms Rejection of Bona Fide Error Defense in FDCPA Claim Alleging a Single Collection Call After Receipt of a Cease-and-Desist Notice

Troutman Sanders

17, 2021), the Tenth Circuit affirmed summary judgement in favor of the plaintiff in a claim under the Fair Debt Collections Practices Act (FDCPA), finding that the defendant debt collector failed to present sufficient evidence to establish a bona fide error defense. Medicredit, Inc. , 20-1294 (10th Cir.