a�?Almost Righta�? is not Good Enough Under the FDCPA

Some statutes such as the Fair Debt Collection Practices Act (FDCPA) are strict liability statutes. The consumer is not required to prove

actual cialis or fagen pharmacy scholarship canadian pharmacy in spring hill fl for pharmacy students in canada viagra damages to claim the statutory damages of up to $1,000 plus reasonable attorney fees provided that the debt collector ordering online viagra has been proven to have violated viagra generic the FDCPA. This is the case even if the violation was minor. The

only time damages can be averted is for a bona fide error.

The standard for this is high however.

One Manhattan is viagra better than cialis collection agency, Kucker & Bruh, learned a hard viagra comprar chile lesson in FDCPA strict liability. This debt collection agency relied solely on the records of a new client and mistakenly pursued an 82-year-old tenant, Rafael Lee. Kucker & Bruh began proceedings my canadian pharmacy legit to evict Lee by issuing him a a�?three

day noticea�? that advised him of the impending

eviction unless past-due rent was paid. Lee viagra price bd hired an attorney who advised Kucker & Bruh of the Senior Citizen Rent Increase Exception, under which Lee only pays a can you split cialis in half portion of his

rent. The collection agency buy from canadian pharmacy checked with their client who http://genericviagra-rxstore.com/ admitted their mistake cialis daily or as needed and all eviction proceedings ceased. online cialis Their slip-up was a�?benigna�? and Kucker & Bruh backed off cialis bought in canada as soon as take with viagra they learned of their error.

Lee nevertheless sued Kucker & Bruh under the FDCPA. Kucker & Bruh argued that their firm was adcirca vs cialis not liable for violations cialis the weekender drug under the FDCPA since its mistake was simple and it relied on information provided by their client. The judge found that blindly relying on clienta��s information is not sufficient to avoid damages under the FDCPA.

Kucker & Bruh also could not meet pharmacy technician role in canada the three-part test

that would successfully assert a bona fide error defense. To qualify under this test the debt collector:

• Must establish online tablets viagra that the violation cialis half life was unintentional;
• Must establish that the best website for cialis violation resulted from a bona fide error; and

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• That reasonable measures were in canada web pharmacy place to avoid such errors.

In this case the only procedure the debt collection agency had was to blindly rely on the business records of their client. The judge said that the firm should not have relied only free viagra sample pack on the viagra mit rezept online kaufen new clienta��s records, especially since the records contained not only the failure to take into account Leea��s exemption, but also contained an arithmetic error.

The court did not find

what an acceptable procedure would have been, but it http://viagradosage-50mg100mg200mg.com/ did find that the absence of procedures to avoid finding discoverable errors was insufficient and a reasonable

jury would not find that their procedures had

been reasonably viagra com red bull designed to avoid making the error they made in this case.

We understand the frustration you may have when dealing with an aggressive debt collector. We have been successfully representing those abused and taken advantage of by debt collectors for levitra vs viagra cost years, and have a long list of successful stories to share with you.

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a FREE CASE REVIEW for you to assess whether we can assist you with your matter.

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