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Originally Posted by Flyingifr While one Circuit has ruled (in a roundabout way) on what Validation is, the others have been quite silent on the subject. One decision in a District Court is not much precedent. |
Ummm, that decision is not from a district court but rather from the 7th Circuit Court of Appeals so it carries a lot more weight than if it were from a DC.
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Not only that, but a reading of your own summary of it |
That was not from any summary of mine but rather a copy and paste directly from the actual words of the Court in giving it's opinion.
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indicates that the issue was decided on 1692e and 1692f, neither of which deals with Validation, which is 1692g. 1692e and f deal with Misleading Statements and Unfair practice. |
Ah yes, but the problem with that analysis is the following snippet from the court's decision.
One simple way to comply with § 1692e and § 1692f in this regard would be to itemize the various charges that comprise the total amount of the debt. which is plain, easy to understand words is saying that if the various charges that comprise the total amount of the debt are not itemized then the claim amounts to nothing more than false and misleading information. Now then, while I may be as dumb as a stump, to my way of thinking that means that the claim must be fully itemized and provided to the debtor or FDCPA is violated because the unitemized statement of the account amounts to providing false and misleading information to the consumer. That is the way I read it. Now then, please enlighten us with your interpretation which, if I understand what you have said correctly, would be to disagree with the court which said that failure to provide a fully itemized statement of all the charges and how the final amount was arrived at amounts to providing the debtor with false and misleading information.
So I for one will be eagerly awaiting your explanation showing how providing a debtor with a statement which basically says little more than "you now owe XYZ Bank the sum of $1000.91 plus attorney fees, interest, court costs and whatever else bringing the total to $9,399.99 is not providing false and misleading information. I'm sure that Judge Mihm of the 7th Circuit Court of appeals would be most interested in learning that his decision is wrong.
Only a fool who lacks the abililty to read and understand court decisions and how they apply would make such silly statements as Steven Katz, aka flyingifr and Dr. Tax has made.
So who needs his silly ideas which he greatly expounds on his debtorboards.com message forum.