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Re: FDCPA violations?


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Posted by MCM bait (167.127.24.69) on March 17, 2004 at 08:01:23:

In Reply to: FDCPA violations? posted by JohnBoy on March 17, 2004 at 03:40:55:

Sorry, but it's not a violation of the FDCPA, as we all wish it were.

The right to file a lawsuit is an absolute right and not considered "collection activity" according to the FDCPA. Many times the CA will file suit to preserve its rights within the SOL, then sit on the case while they figure out what else to do. The courts will generally allow them six months to a year of inactivity before booting the case, so you can see how this might be advantageous to the CA.


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