FDCPA And Checks
A U.S. District Court has dismissed a lawsuit alleging a collector's efforts to recover non-sufficient funds (NSF) checks violated the Fair Debt Collection Practices Act (FDCPA).
In Charles Vs. CheckRite, Ltd. (No. Civ 95-2263, May 9, 1996, in Arizona) the U.S. District Court for the District of Arizona dismissed an FDCPA action on May 9th.
The court said, "The FDCPA does not apply to this action because accepting a check does not constitute the extension of credit as contemplated by the FDCPA."
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