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Laws & Resources => Case Law => Case Law Discussion => Topic started by: freedy on December 23, 2011 05:02:32 PM

Title: Use of the Fax
Post by: freedy on December 23, 2011 05:02:32 PM
http://www.insidearm.com/daily/debt-collection-news/debt-collection/fdcpa-ruling-in-favor-of-collector-defines-one-aspect-of-communication/
Title: Re: Use of the Fax
Post by: CleaningUp on December 23, 2011 05:20:08 PM
Lots of wind, not much rain. Read the case.

It was determined that the fax in question was not communication about a debt either directly or indirectly.  The fax was an employment verification request that in no way disclosed the the matter was concerning a debt.  And, absent any inference that the name of the requester disclosed that the matter could be one of debt collection,. the fax was not a communication under the definition of the FDCPA.

This was a fair ruling based on the law.  It will have little or no impact on what we think or do.

Costs were awarded to the defendant because this case was so thin that it should never have been brought.

Title: Re: Use of the Fax
Post by: cprems on December 23, 2011 08:48:53 PM
It also appears that there was an "offer in Judgment" that was refused.

It appears they got greedy and got hit with Rule 54(D) costs and fees.

A note to the wise - always consider ANY offer in judgment.