Tag Archives | consumer

Mark-Colombell

Liar Liar: Does Suggesting That a Consumer is Not Telling the Truth Create Liability Under the FDCPA?

By on May 21, 2013

In Summers v. Merchants & Medical Credit Corp., a consumer filed suit against a collection agency who accused the consumer of being untruthful.  More specifically, the consumer alleged that during a phone conversation, the debt collector accused the consumer of “not [being] honest” and specifically accused the consumer of “lying” about not working as a […]

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Mark-Colombell

How Late is Too Late to Raise the Bona Fide Error Defense?

By on April 8, 2013

On March 22, 2013, the United States District Court for the District of Maryland addressed whether a debt collector can raise the bona fide error (“BFE”) defense for the first time on summary judgment.  In Dorris v. Accounts Receivable Management, 2013 U.S. Dist. LEXIS 40122, a consumer brought suit against Accounts Receivable Management (“ARM”) under […]

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