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Legal Case Study: Debtor Sues Based on Deceptive Letter from In-house Collection Arm. Is that A FDCPA Violation?
Maguire, a credit card holder at retail store chain fell behind on her payments. This retailer's accounts were operated by Citicorp, which sent Maguire various dunning notices. When Maguire failed to pay, she received a letter from "Debtor Assistance," which stated that "your account has recently [been] charged off" and which offered her a manageable repayment schedule. At the time of this case, Debtor Assistance was actually a unit of Citicorp that handles accounts that have been written off but not yet assigned to collection agencies. Maguire never paid and ended up filing for bankruptcy protection. She eventually sued Citicorp for violation of the Fair Debt Collection Practices Act (FDCPA), based on the letter from Debtor Assistance. Did she have a case? Make your decision and then click on "next" below for the answer and our analysis!
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