Re: validation question

Posted by Euterpe Thelo (65.173.1.162) on July 25, 2003 at 16:42:55:

In Reply to: Re: validation question posted by Kelly on July 25, 2003 at 11:16:42:

Has anyone read Mahon v Credit Bureau, a 9th circuit decision that is OUTRAGEOUS regarding burden of proof re receipt of dunning letters and right to dispute after 30 days? I am unfortunate enough to live in the 9th circuit's jurisdiciton, so in order for the case not to be binding, I need to distinguish the fact pattern...but mainly, how the hell can they say you lose your right to dispute after the 30 days? How can you waive a right available to general public under FDCPA 1692 (failure to dispute within 30 days shall not be considered an admission of liability?) Anyone know of any good case law combatting this? I've done a Westlaw search but everything on topic is pre the 1996 amendment to FDCPA and not applicable because that language has specifically changed regarding "initial communication" disclosures and disclosures on "all communications."

Thanks,

-ET

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