Tag Archives: Bona Fide Error Defense

The Indiana Court of Appeals has reversed a lower court’s summary judgment ruling in favor of a defendant in a Fair Debt Collection Practices Act case, determining that the defendant should not have been allowed to invoke the FDCPA’s bona fide error defense. A copy of the ruling in the …

A District Court judge in Oklahoma has denied a defendant’s motion for summary judgment and a plaintiff’s motion for partial summary judgment in a Fair Debt Collection Practices Act case, ruling that, among other reasons, the migraines suffered by the plaintiff are sufficient for her to have standing to sue, …

It’s a situation that happens all-too-often in collection agencies across the country. A consumer, in this case through her attorney, submits a letter disputing the debt. But the information included in the letter doesn’t match anything the agency can find in its system. Turns out, the agency had the debt …

A District Court judge in Florida has denied a defendant’s motion for summary judgment while partially granting and partially denying a similar motion from the plaintiff in a Florida Consumer Collection Practices Act case over alleged attempts to collect a debt after the plaintiff had filed for bankruptcy protection and …

The Court of Appeals for the Seventh Circuit affirmed one summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act yesterday while overturning a separate summary judgment ruling, concluding that one defendant was entitled to the FDCPA’s bona fide error defense …

If cases of mistaken identity weren’t a real thing, there wouldn’t be so many movies written about it. What matters, though, to companies in the accounts receivable management industry is what you do after you find out you might be trying to collect from the wrong person. If done correctly, …

In a case that is emblematic of the type of debt collection cases now finding their way into state courts across the country, which was defended by Christopher Morris from Bassford Remele and Danielle Savington from Savington Law Offices, a state court judge in Nebraska has granted a defendant’s motion …

Invoking the bona fide error defense is not a get-out-of-jail-free card for a debt collector. The defense only works if the policies and procedures it is meant to protect are reasonable. The Tenth Circuit Court of Appeals has affirmed a lower court’s ruling in favor of a plaintiff who accused …