M.D. Georgia Finds No Stand-Alone Defense for Relying on Debt Information Provided by Creditor

Earlier this month, the Middle District of Georgia (M.D. Georgia) reviewed whether a debt collector can avoid Fair Debt Collection Practices Act (FDCPA) liability by relying on the information provided by the creditor as a stand-alone defense -- as opposed to through the bona fide error defense. In Foster v. Franklin Collection Services, Inc., Case No. 5:17-cv-8 (M.D. Ga. Sep. 13, 2018), the court declined to recognize such a stand-alone defense.

Factual and Procedural Background

Plaintiff incurred a medical debt for treatment at RedMed Urgent & Family Clinic ("RedMed"). Plaintiff indicated on her intake form that she had insurance. RedMed placed plaintiff's account for collection with Franklin Collection Services, Inc. (Franklin).

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