ACA Attorney Member Wins FDCPA Case

Posted on 28. Dec, 2010 by in Collection News

Richard J. Boudreau & Associates, LLC, an ACA International Members’ Attorney Program member in Salem, N.H., announced that a federal jury in Detroit returned a verdict in favor of the company and two individual employees last week.

Plaintiff alleged that an employee’s call to a third party to obtain/confirm location information violated Fair Debt Collection Practices Act Sections 1692b and 1692c. Plaintiff also asserted that this call and subsequent communications with him were harassing and abusive. Plaintiff—a financial planner—sought extensive actual damages for emotional distress and loss of business (the third party was a friend and alleged client). The jury rejected the plaintiff’s claims in their entirety, returning a verdict of “no cause” after less than an hour of deliberation. The defendant’s attorney was Charity Olson of Olson Law Group in Ann Arbor, Mich.

BY: ACA International

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8 Responses to “ACA Attorney Member Wins FDCPA Case”

  1. Jack L. Fischer

    29. Dec, 2010

    Great News…score one for the good guys!

  2. dennis decker

    29. Dec, 2010

    There has to be more to the story ie how did theey alledegedly disclose to a third party

  3. David Otto

    28. Mar, 2011

    I don’t think collection agencies are ever the “good guys’. The banks and these collectors have slowly been purchasing the Federal and State legislatures. The jury may have been right here, but the Collection Agent is not in any way good.

  4. Bob

    14. Jun, 2011

    Hey David Otto, written like a true liberal ambulance chasing puke. Always a victim out there huh? Perhaps the debtor truly was a scumbag that never intended to pay back the money he borrowed and perhaps, just perhaps, there never was any 3rd partying and no one’s rights were ever violated. All this lowlife was trying to do was get more free money by lying. It was great to see that the jury knew he was lying and that the lowlife debtor changed his story so many times you would think he worked for the Obummer administration!

  5. Adam

    04. Aug, 2011

    I agree. It’s good to see that the collection agency in this case was performing it’s duties according to law. Face it, without collection agencies collecting on defaulted debts, the cost of arbiitrary purchases would increase 75% the world over. You’d be paying $150 cash for a box of cereal because there would be no remedy available if you failed to meet the purchase agreement on credit. The big bad collection agencies are keeping the costs of hospital and vehicle purchases from sky-rocketing in an already unstable economy by ACTUALLY HOLDING A PERSON RESPONSIBLE FOR MEETING HIS/HER FINANCIAL OBLIGATIONS!

  6. Max Gold

    24. Aug, 2011

    And maybe, just maybe…it is illegal for a bill collector to call an uninvolved 3rd party ( A Financial Planners client) to find out where the debtor was. I’m sure if the collector knew the debtor was an FP he would know where he was working…the Series 7 license would show that! Dinosaur collections are over…welcome to the 21st century and use the tools available..not the “harass their a$$” technique from 10 years ago!

  7. pete

    22. Sep, 2011

    They got lucky, Having been a collector I have seen thousands of illigal tatics used and never reported. The only thing that may happen is the collector is given the change to work at another company. If consumers stood up for their rights under FDCPA a lot of collections agencys would be forced out of business. FYI I used the laws and was top collector for over 15 years

  8. Paul

    09. Nov, 2011

    Not all collection agencies are BAD, just like not all drinkers are alcoholics… There are BAD consumers in the world too- ones who are looking to make someone else pay for their dishonesty. If collection agencies were not able to recover lost money for creditors who do you think the creditors would charge? Just like welfare- who actually pays that bill? WE DO.

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