FDCPA Allows Oral Challenges To Debts, 4th Circ. Says

Law360, Chicago (January 31, 2014, 8:04 PM EST) -- The Fourth Circuit on Friday revived a proposed class action accusing a debt collector of violating the Fair Debt Collection Practices Act, ruling that the FDCPA allows consumers to challenge their alleged debts orally, rather than only in writing.

In a per curiam opinion, the appeals court found that there is no “inherent writing requirement” for consumers to dispute the validity of a debt under the FDCPA, contrary to the argument put forth by defendant Absolute Collection Service Inc. and accepted by the district court....
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Case Information

Case Title

Clark et al v. Absolute Collection Service, Incorporated


Case Number

5:12-cv-00400

Court

North Carolina Eastern

Nature of Suit

Other Statutory Actions

Judge

Terrence W. Boyle

Date Filed

June 29, 2012

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