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If you have any problems with the registration process or your account login, please contact us. | Advanced Credit Repair - Dealing with Collection Agencies Discuss 1692i vs arbitration in the CREDIT AND LEGAL ISSUES forums; Dunno if anyone ever brought this up before but...
1692i. Legal actions by debt collectors
(a) Venue
Any debt collector who brings any legal action on a debt against any ... 
12-04-2006, 04:00 PM
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| 1692i vs arbitration
Dunno if anyone ever brought this up before but... Quote:
1692i. Legal actions by debt collectors
(a) Venue
Any debt collector who brings any legal action on a debt against any consumer shall—
(1) in the case of an action to enforce an interest in real property securing the consumer’s obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity—
(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the action.
(b) Authorization of actions
Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.
| Is an arbitration a legal action? If so, compelling arbitration in a far away venue is a violation of 1692i, yes?
Not much caselaw under 1692i, but these are the two most important IMO. Quote:
"Judicial district or similar legal entity," within meaning of venue provision of Fair Debt Collection Practices Act ((FDCPA), means at minimum, that debt collection suit should be filed in state county in which either debtor resides or where contract in dispute was signed. Blakemore v. Pekay, N.D.Ill.1995, 895 F.Supp. 972.
Debtor did not waive violation of Fair Debt Collection Practices Act (FDCPA) venue provision by appearing in proceeding in improper venue and consenting to judgment against him on debt. Blakemore v. Pekay, N.D.Ill.1995, 895 F.Supp. 972.
| Do you waive the venue provision merely by agreeing to arbitration in a contract (assuming no venue provision)?
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12-04-2006, 04:25 PM
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| Quote:
Originally Posted by VexatiousLitigant 
Do you waive the venue provision merely by agreeing to arbitration in a contract (assuming no venue provision)?
| Isn't there something in the FDCPA that says a consumer can't waive any of their rights under it?
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12-06-2006, 11:40 AM
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| Any other opinions on this?
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12-13-2006, 09:43 PM
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12-13-2006, 10:26 PM
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| It is violation of FDCPA, FTC Act, and some state UDAP laws. See if you can locate these cases...
Patterson v. ITT Consumer Finance Corp., 14 Cal. App. 4th 1659 (1993)
Philyaw v. Platinum Enterprises, Inc., 54 VA Cir. 364, 2001 VA Cir. Lexis 10 (VA. Cir. Jan. 9, 2001)
Bailey v. Ameriquest Mortgage Co., 2002 WL 100391 (D. Minn. Jan 23, 2002)
Bolter v. Superior Court, 87 Cal. App. 4th 900 (2001)
Brower v. Gateway 2000, 246 A.D.2d 246, 676 N.Y.S.2d 569 (1998)
cf. Bank v. Worldcom, Inc., 2002 N.Y. Misc. Lexis 33 (N.Y. Sup. Ct. Jan. 24, 2002) | |
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12-14-2006, 12:51 PM
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| This is an interesting topic of discussion. I have noticed that VL often pulls caselaw pertinent to specific statutes in the FDCPA and FCRA and I vote these types of discussions get their own section on IC. These are important to our cause.
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12-14-2006, 02:26 PM
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Originally Posted by hannah This is an interesting topic of discussion. I have noticed that VL often pulls caselaw pertinent to specific statutes in the FDCPA and FCRA and I vote these types of discussions get their own section on IC. These are important to our cause. | We can call it the "legally untested but interesting strategies with your sexy host, Vexatious Litigant" section.
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12-14-2006, 03:10 PM
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Originally Posted by VexatiousLitigant We can call it the "legally untested but interesting strategies with your sexy host, Vexatious Litigant" section. | That would be totally up the rest of the staff... 
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!! | |
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12-14-2006, 05:00 PM
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Originally Posted by VexatiousLitigant We can call it the "legally untested but interesting strategies with your sexy host, Vexatious Litigant" section. | I'm so there.
Can I be a cocktail waitress? | |
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12-14-2006, 05:01 PM
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Originally Posted by direred I'm so there.
Can I be a cocktail waitress? | I'll need a resume, complete with pics.
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12-14-2006, 05:15 PM
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Originally Posted by VexatiousLitigant I'll need a resume, complete with pics. | VL I am beginning to think you have a dirty mind!
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12-14-2006, 05:24 PM
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| Wet t-shirt pics preferable.
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12-14-2006, 05:30 PM
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Originally Posted by VexatiousLitigant Wet t-shirt pics preferable. | How about showing us what you really want? I mean show us what you really want by giving us an example. Preferrably, a really good shot of you striking a good pose.
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12-14-2006, 06:55 PM
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Originally Posted by roybean How about showing us what you really want? I mean show us what you really want by giving us an example. Preferrably, a really good shot of you striking a good pose. | :flex:
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12-15-2006, 02:47 AM
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| Nevermind about the cocktail waitress thing. | |
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12-15-2006, 01:18 PM
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Originally Posted by direred Nevermind about the cocktail waitress thing. | 
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12-15-2006, 04:46 PM
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| Let's get back on topic please. 
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12-15-2006, 07:35 PM
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Originally Posted by VexatiousLitigant Let's get back on topic please. | Did anyone look up those cases yet? | |
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12-15-2006, 09:47 PM
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