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Re: Credit Card SOL is based on Cardmember agreement?


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Posted by Bear (12.15.122.150) on October 11, 2002 at 12:09:30:

In Reply to: Re: Credit Card SOL is based on Cardmember agreement? posted by Why Chat on October 08, 2002 at 18:27:07:

Esteven's question dealt with a conflict of laws question -- which state's SOL applies? That of the "forum state" or that spelled out in the contract.

Why Chat's response dealt with another issue -- venue. Why Chat accurately states the effect of FDCPA, 15 U.S.C. s. 1692i(a), which deals with VENUE (i.e., the place the lawsuit has to be brought).

FDCPA does not address conflict of laws questions. Esteven should find out what her state's conflict of laws position is on which SOL should apply -- her state or DE.


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