Arguing that you broke the law to comply with it is apparently not the way to win an argument before the 11th Circuit. In a tart opinion, the court said a debt collector could not defend itself by saying it acted in good faith when it intentionally violated one requirement of the Fair Debt Collection Practices Act so that it wouldn't run afoul of another provision. The court compared the debt collector's logic to the "oft-repeated statement from the Vietnam War," that "we had to destroy the village to save it."
October 19, 2009 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Arguing that you broke the law in order to comply with it is not, apparently, the way to win an argument before the 11th U.S. Circuit Court of Appeals.
In a tart but analytical opinion, the court said a debt collector could not defend itself by saying it acted in good faith when it intentionally violated one requirement of the Fair Debt Collection Practices Act so that it will not run afoul of another provision.
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