US Supreme Court Rules Against Debt Collector
By William E. Lewis, Jr. - Bill Lewis, Bill Lewis - Vero Beach, Florida
(William E. Lewis, Jr. & Associates)
Debt collectors can no longer claim ignorance of the law as an excuse for violating the Fair Debt Collections Practices Act (FDCPA) while attempting to collect a debt. On Wednesday, the United States Supreme Court handed down a ruling that severely restricts the "bona fide error" defense under the Fair Debt Collection Practices Act for debt collectors that send erroneous collection notices. In a 7-2 ruling, the high court ruled that collection law firms could not use misinterpretations of the law in a "bona fide error" defense under the FDCPA. In the matter of Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, Karen Jerman sued an Ohio law firm for violating the FDCPA when it attempted to foreclose on her home following payment on the mortgage. In its initial collection notice, the la...
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