United States Sixth Circuit

The Fair Debt Collection Practices Act's (FDCPA) bona fide error defense applies to mistakes of law, and is not limited to procedural or clerical errors. In an action claiming law firm and one of its attorneys violated the FDCPA when they used allegedly deceptive forms to notify her of a foreclosure on her home, summary judgment for defendants is affirmed where: 1) although defendants violated the FDCPA by instructing plaintiff that she had to dispute the debt in writing; nevertheless, 2) defendants qualified for the FDCPA bona fide error defense.

Appellate Information

• Decided 08/18/2008
• Published 08/18/2008

Judges

• Before:  SILER and COLE, Circuit Judges;  CLELAND, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen R. Felson, LAW OFFICE, Cincinnati, Ohio, for Appellant.  George Coakley, Reminger Co., Cleveland, Ohio, for Appellees.   ON BRIEF:  Stephen R. Felson, Law Office, Cincinnati, Ohio, Edward A. Icove, Icove Legal Group, Cleveland, Ohio, for Appellant.   George Coakley, James O'Connor, Reminger Co., Cleveland, Ohio, for Appellees.