PAYDAY INC v. HAMILTON today. Court of Appeals of Indiana

PAYDAY INC v. HAMILTON today. Court of Appeals of Indiana

II. OVERVIEW JUDGMENT ON HAMILTON’S FDCPA CLAIM

The FDCPA forbids collectors from making false representations associated with the “amount ․ of every debt.” 15 U.S.C. § 1692e(2)(A). The FDCPA further forbids a financial obligation collector from wanting to gather any quantity which is not “expressly authorized because of the agreement producing your debt or allowed by legislation.” 15 U.S.C. § 1692f(1). The Seventh Circuit has held it is an “unfair” training, and a breach of 15 § U.S.C. 1692f(1) for the financial obligation collector to try and gather quantities which, though they could be granted by way of a court in a few circumstances, had been neither contained in the agreement involving the debtor and creditor nor developed by procedure of legislation. See Shula v. Continue reading PAYDAY INC v. HAMILTON today. Court of Appeals of Indiana