National Action, a debt collector, mailed Chuway, a debtor, a letter which identified a creditor (a credit

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National Action, a debt collector, mailed Chuway, a debtor, a letter which identified a creditor (a credit card company) and stated that the "balance" on the debt was $367.52.
The letter said that the creditor "has assigned your delinquent account to our agency for collection. Please remit the balance listed above in the return envelope provided. To obtain your most current balance information, please call 1-800-916-9006. Our friendly and experienced representatives will be glad to assist you and answer any questions you have." Chuway sued National Action for violating the FDCPA because the communication was not proper under the Act. The district court granted summary judgment for National Action because the letter stated "the amount of the debt" and so did not violate the statute. Chuway appealed.

1. The appeals court held the debt collection letter to violate the FDCPA. How could Chuway afford to sue National Action over such a small sum of money?
2. Why did National Action not use the language the court cited as providing a safe harbor because the words meet the specific requirements of the FDCPA?

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The Legal Environment of Business

ISBN: 978-0538473996

11th Edition

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

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