LAWDOG Fair Debt Collection Practices
Act
MORE DETAIL: Intent
Of Debt Collector And Reasonable Procedures & Jurisdiction And Statute
Of Limitations
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A portion of Section 813......
Civil liability ...
Intent
(c) A debt collector may not be held liable in any action brought
under this subchapter 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. ...
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Jurisdiction
(d) 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.
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![[FTC Staff Commentary]](oftc5.gif)
Section 813--Civil Liability
Section 813(A) imposes civil liability in the form of (1) actual damages,
(2) discretionary penalties, and (3) costs and attorney's fees, (B) discusses
relevant factors a court should consider in assessing damages, (C) exculpates
a collector who maintains reasonable procedures from liability for an unintentional
error, (D) permits actions to be brought in
federal or state courts within one year from the violation, and (E) shields
a defendant who relies on an advisory opinion of the Commission.
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