Bohemia, NY (PRWEB) March 06, 2013
On March 6, in response to a recent court case whose verdict favored the the defendant, a debt collector accused of abusive practices, collection agency Rapid Recovery Solution addresses the use of Fair Debt Collection Practices Act (FDCPA).
According to The Oyez Project, the accusing parties claimed that a debt collection agency was in violation of the FDCPA. The case (The United States Court of Appeals, Tenth Circuit, docket #11-1175) was the result of a student loan debtor asserting that she was the victim of the collection agency because they violated the FDCPA. The Oyez summary reports that the case centered on the question, “Did the [FDCPA] prevent the district court from awarding costs to [the agency] unless [the accusing party] filed her claim in bad faith and for the purpose of harassment?”
Due to an questionable interpretation of how “communication” was understood with regard to the case, the article states that case was dismissed and the collection agency was not found to be in violation of the FDCPA. It is additionally noted that the debtor was not found to have taken the collection agency to court under the pretenses of bad faith or for the purpose of harassment. However, it is reported that the debt collection agency was awarded $4,543 in costs.
John Monderine, CEO of Rapid Recovery Solution, issues a comment with respect to the FDCPA’s use in the case. “The case leaves the door open for the prosecution to continue with appeals, but it seems like the allegations were meritless in this case.”
Monderine continues, saying that “As an industry insider it is actually refreshing to see a collections outfit cleared of allegations of unfair practice, since the few abusive collectors out there draw negative attention and drag the whole industry down. Some of us strongly support debtors' rights. Still, there is also a fair amount of frivolous litigation that goes on, and I'm glad the Supreme Court recognized this case as such. Though it sounds like the accusing party did not have any intention of simply causing trouble for a collection agency, it behooves those looking to make accusations to be more knowledgeable about what these laws mean and how they can be interpreted. In this case, a better understanding of the FDCPA’s provisions may have persuaded the accuser to choose an alternative means to settle the grievance, and saved her some effort and money.”
Founded in 2006, Rapid Recovery Solution, Inc. is headquartered at the highest point of beautiful Long Island. Rapid Recovery Collection Agency is committed to recovering your funds. We believe that every debtor has the ability to pay if motivated correctly. We DO NOT alienate the debtors; we attempt to align with them and offer a number of ways to resolve not only your debt but also all their debts.