Federal Judge Rules Against Unifund CCR Partners in Recent FDCPA Case
Posted in Blog Entries on September 11, 2012 by Administrator
A federal judge ruled against Unifund CCR Partners in a recent Fair Debt Collection Practices Act ("FDCPA") lawsuit. Plaintiff brought a lawsuit against Unifund CCR Partners for unlawful collection efforts. Unifund CCR Partners responded to the lawsuit with a motion to dismiss. The federal judge granted Unifund CCR Partners' motion in part and denied it in part.
The federal judge found that Unifund CCR Partners may have violated 15 U.S.C. 1692g and 1692e(8) of the FDCPA. In this case, Unifund CCR Partners sent an initial collection letter to Plaintiff. Under the FDCPA, Plaintiff had a right to dispute the debt and request verification within thirty days of receiving Unifund CCR Partners' initial collection letter and Unifund CCR Partners must cease collection activities after it receives a written dispute during that thirty day period. Unifund CCR Partners can only resume collection activities after it has provided Plaintiff with verification of the debt.
Plaintiff promptly sent a dispute letter to Unifund CCR Partners. Unifund CCR Partners did not provide Plaintiff with verification of the debt. However, Unifund CCR Partners did report the debt on Plaintiff's credit reports with Experian and Innovis, and Unifund CCR Partners failed to report that the debt was disputed. The federal judge ruled that reporting the debt to the Experian and Innovis was a collection activity and that Unifund CCR Partners may have violated the FDCPA by failing to provide verification of the debt before Unifund CCR Partners reported the debt to Experian and Innovis.
If you have been receiving collection letters or telephone calls from Unifund CCR Partners contact Patrick L. Hayes at 612-821-4817 to see if you have a FDCPA case.
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