Debt Collection Attorneys Liable Under Fair Debt Collection Practices Act for Mistakes of Law
The Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (the “Act”) imposes civil liability on debt collectors for certain prohibited debt collection practices. A debt collector who fails to comply with any provision of the Act will be liable for actual damages, costs, reasonable attorneys’ fees and certain statutory damages set forth in the Act. However, if a debt collector shows that “the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error” then he will not be held liable in any action brought under the Act. 15 U.S.C. § 1692k(c). The “bona fide error” defense is an absolute defense.
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