Court Extends FDCPA’s ‘Honest Mistake’ Defense to Legal Errors
October 6, 2008
Legal mistakes could be protected to the same extent as clerical or administrative errors under the Fair Debt Collection Practices Act, according to the U.S. Court of Appeals for the 6th Circuit. Ruling recently in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, the court held that a foreclosure firm that misstated the law in a mandatory notice to a borrower was entitled to claim...