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Re: Credit Card SOL - BEAR??


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Posted by Bear (12.15.80.10) on October 13, 2002 at 18:48:18:

In Reply to: Re: Credit Card SOL - BEAR?? posted by Why Chat on October 13, 2002 at 11:37:51:

This is getting pretty far afield. Where did Why Chat go to law school? When I was there, they had a whole course on Conflicts of Law. I didn’t take that course and in my practice haven’t handled a case where that was an issue, so I don’t claim expert status. That’s why I suggested that NYC Help contact someone on NY.

However, it is my understanding that states often apply “foreign states’” law (e.g., a NY court applying WI law) under appropriate circumstances. Parties can agree to have a contract interpreted by a particular state’s laws. If the OC sues the consumer, the OC is normally not bound by FDCPA. FDCPA applies only to debt collectors.

The FDCPA venue provision has nothing to do with jurisdiction, or even the validity of a lawsuit brought in a venue violating FDCPA. On behalf of an OC, a WI debt collector could sue an NY consumer in NY and get a perfectly valid judgment, enforceable in WI and, by full faith and credit, in NY.

Of course, the WI debt collector would then expose himself to a FDCPA claim. There are cases galore that say FDCPA has nothing to do with the validity of the underlying debt. It isn’t even a FDCPA violation to send out a notice for an invalid debt, as long as the debt collector acted in good faith in relying on his client’s information. Indeed, that’s the purpose of the 30-day validation letter. It’s to give the consumer a chance to say, “Hey, I’m not the Joe Bloe you’re looking for. He lives on Main Street. I live on Spring Street.”

So, my advice to NYC Help is not to rely on comments from me or Why Chat, but to consult someone in NY who knows what he’s doing.



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