FDCPA section 807 clarification

[BTO429]

FDCPA section 807(10)The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

Is this regardless of intent? Or knowingly using false or deceptive means?

And how would i fight the old bona fide error defense?

[bobdole369]

I take it to mean what it says on its face. Then again I'm not a lawyer so who knows.

If a debt collector uses false representation or deceptive means to collect a debt, or to obtain information about a consumer, than I would consider it a violation. I can't imagine accidentally saying that "I'm the bank and I need to talk to John Doe, whats his phone number". Or accidentally mailing a letter saying that I was a lawyer when I was not.

How could there be an error? Any example?

[henry1018]

There's a few court cases out there that deem bona fide error to be clerical in nature. Most examples of violations would not qualify for a bona fide error defense.

[admin]

Yes, it is regardless of intent. Unfortunately, I don't have the case law in front of me, but there are examples.

[BTO429]

I have talked about this before, but I am wondering if it constitutes an 807 violation.

CA files a false affidavit, which I can prove is false. The CA did not perform due diligence when filing the affidavit. They merely filed it as a formality with no facts to back it up.

I would argue that the CA is guilty of false representation and guilty of using a deceptive means to collect a debt.

Am I wrong in thinking this way?

[billyray]

my understanding is that, "in the process of collecting on a debt(alleged debt), no debt collector can make ANY false or MISLEADING statement. i wasted alot of time trying to "prove" they are not what they claim they are,and trying to "prove" that they made a false or misleading statement, i think it is better to say "defendant demands physical evidence of proof of any and all claims alleged by debt collector, and also you should claim that the debt collector has violated... dont just say 807, but you must be EXACT, example,,is it 807-a, or is it 807-a(1), or is it 807-a(1)(

[billyray]

I forgot to address your other issue. again, my opinion is we waste to much of our precious time "proving" them wrong, instead i think we should simply state " defendant demands physical evidence of proof of any and all alleged claims of plaintiff. Plaintiff's mere allegation, unsubstantiated with this proof, including but not limited to, affidavit of unqualified person to give testimony of a third parties business records,accounting practice's is hearsay and not permissable under the rules of (your state) Rules of Evidence, Rule #____ and please see.., Palmer V. Hoffman,318 U.S. 109.