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CEB Prac. Guide § 2A.35 -- Communications with the Debtor -- Unfair Practices

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Northern District allows Adverse Credit Reporting Warnings; says Credit Report is ‘hearsay’ as to Information Reported by Furnisher

by Scott J. Hyman |

On July 3, 2008, Judge Conti ruled in Cruz v. MRC Receivables, Inc. -- F.Supp.2d -- 2008 WL 2627143 (N.D.Cal. 2008) on a debt collector's summary judgment motion in an FDCPA claim alleging that inclusion of the Notice of potentially adverse credit reporting required by California Civil Code § 1785.26 and 15 U.S.C. 1681s-2(a)(7)(A)(i) constituted an unfair collection tactic because… Read More

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