Debt Collector Can Rely On 'Bona Fide Error' Defense, Rules 6th Circuit
Lawyers USA › September 08, 2008
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Summary
Misinforming a debtor that her dispute of a mortgage payment must be in writing, even though the Fair Debt Collection Practices Act does not require a written dispute, is covered by the "bona fide error" defense to the Act, the 6th Circuit has ruled. A debt collector sought to foreclose on the debtor's home and served her with a notice that said the debt would be considered valid unless she disputed the claim in writing.
The debtor's lawyer informed the collector that the debt was paid in full and later got the foreclosure action dismissed.See the full content of this document
Extract
Debt Collector Can Rely On 'Bona Fide Error' Defense, Rules 6th Circuit
The debtor sought class certification and statutory dam...
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