DEFENSES
• A defense may be established in a cause of action for a violation of the FDCPA by establishing, by a preponderance of the evidence that:
(1) the defendant is not a “debt collector” within the meaning of 15 U.S.C.A. § 1692a(6); or
(2) the “debt” was not made primarily for personal, family, or household purposes; 15 U.S.C.A. § 1692a(5); or
(3) when the cause of action is for a violation of 15 U.S.C.A. § 1692c (communications in connection with debt collection), the debt not owed by a “consumer” as defined by 15 U.S.C.A. § 1692a(3);
(4) the debt collector did not violate the provisions of the FDCPA, 15 U.S.C.A. § 1692k;
(5) the violation was not intentional and and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any such error. 15 U.S.C.A. § 1692l(c); or
(6) the violation was made in good faith in conformity with any advisory opinion of the Federal Trade Commission. 15 U.S.C.A. § 1692l(e). WHO MAY COMMENCE ACTION
• Except for an action commenced under 15 U.S.C.A. § 1692c—(communications in connection with debt collection) or 15 U.S.C.A. § 1692e(11) (requiring a mini-Miranda warning)—suit may be brought by “any person” who is harmed by violations of the FDCPA by a “debt collector” collecting a “debt.” 15 U.S.C.A. § 1692k(a); 15 U.S.C.A. § 1692a(5). Relief pursuant to 15 U.S.C.A. § 1692c and 15 U.S.C.A. § 1692e(11) may only be sought by a “consumer” as defined under 15 U.S.C.A. § 1692a(3) and in the case of a 15 U.S.C.A. § 1692c claim, as expanded by 15 U.S.C.A. § 1692c(d).
The Hedge 