green_cart.jpg  

Royal Financial vs. Perkins

 

This is a case in which the Eastern District of the Missouri Court of Appeals holds that the pleadings of a lawsuit filed by a debt collector can violate the Fair Debt Collection Practices Act (FDCPA) by being both an "unfair means" and "deceptive communication" as well as equating to an "empty threat." It's a powerful decision, and while it seems obvious in a way, the debt collectors always argue that the actions they take in a lawsuit are exempt from the FDCPA as being under the "inherent" control (only) of the trial court.

The courts seldom exercise their power to control debt collectors during the initial litigation (in which the debt collector is suing a debt defendant), but sometimes you can get a much better result through bringing an action under the FDCPA.

For free information that will help you protect your rights against the debt collector - your freedom from deception and unfair intimidation, check out our FREE series, Seven Steps if You're Sued for Debt.

Powered by liveSite Get your free site!