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Debt Collection – FDCPA

By: Derek Hawkins//August 3, 2015//

Debt Collection – FDCPA

By: Derek Hawkins//August 3, 2015//

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Civil

7th Circuit Court of Appeals

Officials: POSNER, RIPPLE, and KANNE, Circuit Judges.

Debt Collection – FDCPA

No. 12-2834 Grant Bentrud v. Bowman ,Heintz, Boscia & Vician, P.C.

Appellant fails to raise triable issue in attempts to use FDCPA to enforce  arbitration provision of credit card agreement.

“The FDCPA is not an enforcement mechanism for matters governed elsewhere by state and federal law. Beler, 480 F.3d at 474. But that is what Bentrud is attempting to do here; he seeks to transform the FDCPA into an enforcement mechanism for the arbitration provision in his credit card agreement. In Beler, we rejected such a use of § 1692f. There, the appellant theorized that it was “‘unfair’ or ‘unconscionable’ for a debt collector to violate … rule[s] of positive law.” Id. at 473. Specifically, the appellant faulted a debt collector law firm (like the one here) for allegedly violating federal and state laws exempting Social Security benefits from execution or attachment. Id. at 473-74. We denied the claim, noting that both the federal and state laws implicated provided remedies for violations.”

Affirmed.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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