antiquedave Posted December 6, 2012 Report Share Posted December 6, 2012 www.michbar.org/consumer/pdfs/ap08.pdf 15 USC 1692e(8) specifi cally provides that it isa violation to communicate “to any person credit informationwhich is known or which should be known to be false,including the failure to communicate that a disputed debtis disputed.” Magrin v Unifund CCR Partners, Inc 9th Circuit Under 15 U.S.C. § 1692e, a debt collector violatesthe Act if it uses “any false, deceptive, or misleadingrepresentation or means in connection with the collectionof any debt.” This prohibition includes false representationsas 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 underthe Act when he alleges that a debt collector has madefalse representations as to the legal status of a debtin connection with the sale, transfer or assignment ofa debt to another debt collector, with the knowledgethat the purchaser, transferee or assignee intends toinitiate or continue at tempts to collect the debt. Burdick v Palisades Collection LLC The court denied LVNV’smotion to dismiss the FDCPA claim, holding that the consumerstated a claim against LVNV because the debt collector “failedto disclose that the debt was disputed when it assigned the accountto 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 debtcollector law firms. It held that a jury could reasonably findthat W&A’s communications to the Sherman defendants werefalse or deceptive by virtue of its failure to state that consumer’sdebt was disputed. Link to comment Share on other sites More sharing options...
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