Thursday, February 10, 2005
CREDITWRENCH, the FDCPA, and the law Part VII
CREDITWRENCH CEO Bill Bauer has stated:
a collector can avoid being sued for past violation of FDCPA by stopping the collection process.
His statment has absolutely no basis in law or the FDCPA. That's like saying if you run a red light, and hit another car because your brakes fail, you can avoid being sued by getting your brakes fixed.
The FDCPA is a strict liability statute, and as such, a consumer has the right to sue under statute for any violation, regardless of subsequent remedial actions taken.
CREDITWRENCH Bill Bauer's statment that a collector can avoid being sued for a violation of the FDCPA by stopping the collection process is false and misleading.
