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ARTICLE · 15 DECEMBER 2015

District Court Rules That Debt Collection Representatives' Identity Not Required Under FDCPA

The stating of a representative's personal name is immaterial to whether there is a meaningful disclosure of the caller's identity as required by the Fair Debt Collection Practices Act...

United StatesConsumer Protection

The stating of a representative's personal name is immaterial to whether there is a meaningful disclosure of the caller's identity as required by the Fair Debt Collection Practices Act, said the district court for the District of Oregon.  In Moore v. Account Control Technology, Inc., the court granted the defendant's motion for summary judgment, holding that the defendant's telephone calls to the debtor plaintiff did not violate the FDCPA.   

As background, the plaintiff owed a debt to a community college, which placed that debt with defendant Account Control Technology, Inc. ("ACT").  ACT then attempted to collect on the debt by placing phone calls to the plaintiff.  During each of those phone calls, the ACT representative identified himself or herself as such and also stated that the call was from a debt collector.  Plaintiff brought suit alleging that ACT violated the FDCPA by failing to provide a meaningful disclosure of the caller's identity.   

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