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ARM Insider - The Debt Industry's Most-Trusted Daily

Court: Validation Notice Sent Via Email Requiring Consumer to Click a Link to Open a “Secure Package” Is Not “Sending” a Validation Notice Under FDCPA

On September 29, 2017, in a very interesting and timely Fair Debt Collection Practices Act (FDCPA) case, a district court in Indiana shot down a debt collector’s argument that it “sent” its validation notice to a consumer via email. 

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Judge Rules Unintentional Violation of Policies and Procedures Permits Debt Collector to invoke 'Bona Fide Error' Defense

On September 29, 2017, in an FDCPA lawsuit, a federal judge in Utah ruled that a debt collector’s actions fell within the “Bona Fide Error” defense in the FDCPA, 15 U.S.C. § 1692k(c) and granted summary judgment to the debt collector. 

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