Judge Grants Mixed Ruling in Yet Another Example of FDCPA Ambiguity

In a case decided on February 4, 2016, the US District Court, Eastern District of Missouri has granted summary judgment to AllianceOne Receivables Management on a claim that the firm violated FDCPA § 1692d-f, and to the Plaintiff, Schuller, on the claim that the firm violated FDCPA § 1692g. Trial has been scheduled for April 11, 2016 on the matter of damages regarding the §1692g claim.

The facts are as follows:

Schuller sued under 1692d-f, claiming that the calls were unfair, deceptive, or misleading because the representative lied about the date its letter was sent and harassed him about payment. After review of the calls, the court in this case concluded that while both collectors may have been persistent, neither representative’s behavior rose to the level of harassing, oppressive, or abusive under 1692d.

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