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When does FDCPA violation occurrs....


mit417
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Hey Gang,

Here's the hot question of the day!

1. When does an FDCPA violation occurs, whether the alleged violation occurred on the date the collection letter was mailed or on the date it was received. Please provide case law.

No Jurisprudence please!!!!

2. A debt collector mails a letter to a debtor at the wrong address and the debtor receives the letter, let's say 35 days later and immediately request verification of the debt. The collection letter is dated august 29, 2005, I file suit on 09/01/2006. Also, the oc has the correct address from credit reports, but provides the wrong address to it's assignee, so they send the dunning notice to an address that I haven't lived at for more than 44 months.

My question is this, when does the statue of limitations start to run and does equitable tolling applies. Again case law please, no jurisprudence.

Thanks in advance!!

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