Search the Community
Showing results for tags 'FDCPA 1692e Debt Validation D'.
www.michbar.org/consumer/pdfs/ap08.pdf 15 USC 1692e(8) specifi cally provides that it is a violation to communicate “to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.” Magrin v Unifund CCR Partners, Inc 9th Circuit Under 15 U.S.C. § 1692e, a debt collector violates the Act if it uses “any false, deceptive, or misleading representation or means in connection with the collection of any debt.” This prohibition includes false representations as to “the character, amount, or legal status of any debt.” 15 U.S.C. § 1692e(1)(A). Thus, a consumer states a valid claim for relief under the Act when he alleges that a debt collector has made false representations as to the legal status of a debt in connection with the sale, transfer or assignment of a debt to another debt collector, with the knowledge that the purchaser, transferee or assignee intends to initiate or continue at tempts to collect the debt. Burdick v Palisades Collection LLC The court denied LVNV’s motion to dismiss the FDCPA claim, holding that the consumer stated a claim against LVNV because the debt collector “failed to disclose that the debt was disputed when it assigned the account to other debt collectors and sold the debt. Kinel v Sherman Acquisition II, LP, The court refused to dismiss the FDCPA claims against Wolpoff & Abramson, LLP, (W&A), one of the nation’s largest debt collector law firms. It held that a jury could reasonably find that W&A’s communications to the Sherman defendants were false or deceptive by virtue of its failure to state that consumer’s debt was disputed.