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Intent Of Debt Collector And Reasonable Procedures
Jurisdiction & Statute of Limitations
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Intent & "Reasonable Procedures"
Section 813 (c) of the Fair Debt Collection Practices Act forgives an unintentional violation, provided that the debt collector has maintained reasonable procedures to prevent such violations. A debt collector may not be held liable in any action under this section if the debt collector shows, by a preponderance of evidence, that the violation was not intentional, and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. See Section 813 (c) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.
Jurisdiction & Statute of Limitations
An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs. See Section 813 (d) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only. Also see a portion of the FTC Official Staff Commentary on the Fair Debt Collection Practices Act reproduced here for illustration purposes only.
A copy of the Fair Debt Collection Practices Act is reproduced for illustration purposes only
here. A copy the FTC Official Staff Commentary on the Fair Debt Collection Practices Act is reproduced for illustration purposes only here. Read Sources and Disclaimer. Links do not return to this page. Use browser "back" button to return.
