A consumer made a purchase on a credit card. The card issuer refused to accept the charge,
Question:
A consumer made a purchase on a credit card. The card issuer refused to accept the charge, and an attorney then sued the consumer for the amount due. In the complaint filed in the lawsuit, the attorney wrongly stated that interest was owed at 18 percent per annum. This statement was later corrected by an amendment of the complaint to 5 percent. The case against the consumer was ultimately settled, but the consumer then sued the attorney for penalties under the Fair Debt Collection Practices Act, claiming that the overstatement of the interest due in the original complaint was a violation of that act. The attorney defended on the ground that the act did not apply. Did it? [Green v Hocking, 9 F3d 18 (6th Cir)]
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The FDCPA does not apply in this situation An examination of the FDCPA in context reveals that it wa...View the full answer
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