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Case Law For Reference
As a follow up to Saturday’s call here’s come case law that illustrates how the sections of the FCRA that we discussed have been used in real court cases.
Case Law For Reference
Consumer Protection Act Nugget
I know that we are currently studying FCRA. However , a lot of you have third parties reporting on your credit reports. That said , that is an attempt to collect a debt by them reporting the account on your reports so anything they report must comply with FCRA and FDCPA. Which means that they may not use unreasonable meanings to misrepresent the debt to you either, solely for the collection of it. Here is some case law to help you better understand. Under the Fair Debt Collection Practices Act, the test is not whether "a reasonable consumer" would be deceived, misled or harrassed by the prohibited practices because the Act is intended to protect "unsophisticated consumers." Therefore, this Court must look not only at the "reasonable consumer," but also to a less sophisticated consumer in determining whether the debt collection practices act has a tendency or capacity to deceive. Jeter v. Credit Bureau, 760 F.2d 1168, 1172-73 (11th Cir. 1985); Baker v. G.C. Services, 677 F.2d 775, 778 (9th Cir.1982).[3] See also Bingham v. Collection Bureau, Inc., 505 F. Supp. 864, 870 (N.D.Dak.1981); Wright v. Credit Bureau of Georgia, Inc., 548 F. Supp. 591, 599 (N.D.Ga.1982), reconsidered, 555 F. Supp. 1005, 1007 (N.D.Ga.1983); Rutyna v. Collections Accounts Terminal, Inc., 478 F. Supp. 980, 982 (N.D.Ill. 1979). Contra Blackwell v. Professional Business Services of Georgia, 526 F. Supp. 535, 537-538 (N.D.Ga.1981).
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Midland Funding, LLC v. Johnson
Hey everyone, I analyzed this debt collection case that was in bankruptcy court. I am new to this so it is a stretch for me to read and comprehend everything then put it all together. If you want to analyze this case and give me feedback. This is what I put together but am still striving to grasp this all as far as standing and implications for enforcement. I also attached what I found regarding this case for standing and implications for enforcement. Thanks! Here is the case link : https://www.supremecourt.gov/opinions/16pdf/16-348_h315.pdf
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Midland Funding, LLC v. Johnson
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