Friday, August 5, 2016
Debt Collector May Have Violated FDCPA When It Accepted Payment on Time-Barred Debt in Chapter 13 Bankruptcy Case
The Eleventh Circuit Court of Appeals affirmed the district court’s
decision that the plaintiff’s complaint failed to state a claim under
either the Fair Debt Collection Practices Act or the Florida Consumer
Collection Practices Act because the debt the collection agency sought
to collect did not arise from a consensual “consumer” transaction but,
instead, arose from the negligent conduct of the plaintiff’s sister in
an automobile accident.
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