Friday, February 04, 2005
Creditwrench, the FDCPA, and the law Part II
Yesterday, CREDITWRENCH CEO Bill Bauer posted the following information on the CREDITWRENCH message board:
in the event that a debt collector fails to comply with state law the citizen has no legal recourse or right to bring action against the collector because it is the state who is the injured party and not the citizen.
The truth is, if a collector violates state law, they have violated the FDCPA.
The FDCPA prohibits the use of debt collection practices that violate state law. Federal District and Appeals courts have both been consistant in ruling that any violation of state law in collection efforts, constitutes a violation of the FDCPA.
CREDITWRENCH CEO Bill Bauers statement that a citizen has no legal recourse or right to bring action against a collector for state law violations is false and misleading.
