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Advanced Credit Repair - Dealing with Collection Agencies Discuss Bona fide error in the CREDIT AND LEGAL ISSUES forums; In order to prevail on the bona fide error defense the Defendants must prove by a preponderance of evidence that the FDCPA violation was unintentional and was a bona fide ...
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Old 06-21-2006, 01:09 PM   #1
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Bona fide error

In order to prevail on the bona fide error defense the Defendants must prove by a preponderance of evidence that the FDCPA violation was unintentional and was a bona fide error, not withstanding procedures reasonably adapted to avoid error; 15 USC 1692 k(c). The Defendants must show maintenance of procedures adapted to avoid any such error. See Fox v. Citicorp 15 F.3d 1507; 1994 and Caputo v. Professional Recovery Services Civil Case No. 00-4208-SAC United States District Court for the District of Kansas. Johnson v. Riddle 305 F.3d at 1121.
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