Swatch Posted September 10, 2015 Report Share Posted September 10, 2015 Has anyone had an FDPCA case against EOS CCA; if so what has your experience been? Do these types of cases seem to drag on? The reason I ask is because I am in the middle of an FDPCA violation case against them and my case was filed five months ago. Having read the docket an status conference is scheduled for this November with discovery to be completed by April of 2016. Yes, I am represented by an attorney. Quote Link to comment Share on other sites More sharing options...
Coffee_before_tea Posted September 10, 2015 Report Share Posted September 10, 2015 What does your attorney say? Usually, they begin settlement talks after the case is filed. Otherwise, these cases can go on for years. Is this a class action? Quote Link to comment Share on other sites More sharing options...
Swatch Posted September 11, 2015 Author Report Share Posted September 11, 2015 I haven't been able to get a hold of my attorney but after reading the docket it does not look like their is much to update me on. No, this is not a class action suit. Quote Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted September 11, 2015 Report Share Posted September 11, 2015 a lot of it honestly, depends on the counsel or who represents the defendant. most collection attorneys and debt collectors have liability insurance for FDCPA claims. so if the defendant is represented by an insurance defense attorney, they are likely going to litigate the bloody hell out of it because they the attorney representing the defendant is billing the insurance company and not the debt collector. Quote Link to comment Share on other sites More sharing options...
Swatch Posted September 11, 2015 Author Report Share Posted September 11, 2015 The attorney representing EOS has served on several boards in regards to the collection industry. Quote Link to comment Share on other sites More sharing options...
Swatch Posted September 13, 2015 Author Report Share Posted September 13, 2015 The two Affirmative defenses they are using are: 1. Bona Fide Error and 2. Arbitration Quote Link to comment Share on other sites More sharing options...
debtzapper Posted September 13, 2015 Report Share Posted September 13, 2015 The two Affirmative defenses they are using are: 1. Bona Fide Error and 2. ArbitrationThose are standard defenses the industry uses. Quote Link to comment Share on other sites More sharing options...
Swatch Posted September 14, 2015 Author Report Share Posted September 14, 2015 With them using Arbitration as a defense and knowing they will have to pony up that Contract Agreement addressing Arbitration, is the contract from when the account was opened or from when the account went into default? Quote Link to comment Share on other sites More sharing options...
debtzapper Posted September 14, 2015 Report Share Posted September 14, 2015 It is a violation of Ind Rules of Professional Conduct for a lawyer not keep his or her client informed of the status of a case. This one of the most common complaints clients have about lawyers in all states. Insist that your lawyer give you an update, Tell his secretary or paralegal about Rule 1.3 and 1.4 Indiana Rules of CourtRules of Professional Conduct Including Amendments made through April 30th, 2015 TABLE OF CONTENTSPREAMBLE: A LAWYER’S RESPONSIBILITIESSCOPERule 1.0. TerminologyRule 1.1. CompetenceRule 1.2. Scope of Representation and Allocation of Authority Between Client and LawyerRule 1.3. DiligenceRule 1.4. Communication Quote Link to comment Share on other sites More sharing options...
Swatch Posted September 14, 2015 Author Report Share Posted September 14, 2015 Will do! Thanks Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted September 14, 2015 Report Share Posted September 14, 2015 Federal suits do take a very long time. Some longer than others for a variety of different reasons - and no case is ever the same. I had a rather simple FCRA case that ended with a settlement before the JDB's answer was due (after they were granted a couple extentions). The entire case took 6 months, and this was a settlement before an answer to the suit was even filed. You must be patient, but also, you should stay on your attorney asking why it is moving slow and getting all the information he has. Quote Link to comment Share on other sites More sharing options...
Swatch Posted September 15, 2015 Author Report Share Posted September 15, 2015 Thanks, fisthardcheese! From the looks of the Case Management Plan that the attorney's agree upon it looks like I wouldn't even have my trial ( if it gets that far) until December 29, 2016. Quote Link to comment Share on other sites More sharing options...
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