Defenses
Liability under the statute can be avoided if a debt collector can show by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error not withstanding the maintenance of procedures reasonably adopted to avoid such an error.
(20) Attorneys should be alert to the fact that the emerging body of case law establishes certain guidelines to be followed if liability is to be avoided under the Act, i.e.: a) the language in the validation notice should not contain a "threatening contradiction."

(21) b) the validation notice should be sent at least thirty (30) days before filing a lawsuit. c) all communications with the debtor, whether oral or written, must contain the Miranda warning.
Note - When the Heintz case (22) was remanded to the District Court, the defendants moved for summary judgment, claiming that any alleged violation was the product of a bona fide error as defined by the FDCPA. The Court, in granting the motion, reviewed the procedures in place at the law firm and found that the defendants had proved that such procedures were reasonably calculated to avoid "any such error."

The reader is referred to the procedures utilized in this case for guidance in what the Courts require in order to establish this defense.
(23) It is recommended that attorneys review the procedures utilized in their offices to determine whether the procedures utilized, if any, meet the criteria to establish such a defense if they, or their firm, are charged with a violation of FDCPA. Jurisdiction An action brought to enforce liability under FDCPA may be brought in any appropriate U.S. District Court without regard to the amount in controversy, or in any other court of competent jurisdiction provided it is brought within one year from the date which the violation occurs. (24) Right to a jury trial The statute expressly refers to findings of the "Court" and provides no authority for trial by jury. Nonetheless, the Eleventh Circuit,in deciding Sibley v. Fulton DeKalb Collection Service, (25) ruled that consumers are entitled to jury trials in FDCPA actions. Conclusion Practitioners in the debt collection area as well as those representing creditors in foreclosure and/or in bankruptcy actions are cautioned to take the necessary steps within their offices to ensure that the procedures being utilized are uniform and in compliance with the requirements of FDCPA.

Non-compliance is becoming a fertile area for litigation against those who are not aware that FDCPA might apply to them.
1.15 U.S.C.A. § 1692, et. seq.

2. H. Rep. No. 405, 99th Cong. 2d Sess. (1985); reprinted in 1986 U.S. Code Cong. & Ad. News 1752,
1759. 3. 15 U.S.C.A. § 1692-a(6). 4. 15 U.S.C.A. § 1692-a(5). 5. Crosley v. Lieberman, 868 F. 2d 566 (3d Cir. 1989).
6. Stojanovski v. Strobl & Manoogian P.C., 783 F. Supp. 319 (E.D. Mi. 1992).
7. Mertes v. Devitt, 734 F. Supp. 872 (W.D. Wi. 1990).
8. Heintz v. Jenkins, __ U.S. __, 115 S. Ct. 1489, 131 L. Ed. 2d 395 (1995).
9. See also Tolentino v. Friedman, 46 F. 3d 645, 811 F. Supp. 697 (7th Cir. 1995).
10. 15 U.S.C.A. § 1692-g(a).
11. Beeman v. Lacy, Katzen, Ryen & Mittleman, 895 F. Supp. 405 (N.D.N.Y. 1995).
12. 15 U.S.C.A. § 1692-e(11).
13. Omnibus Appropriations bill, H.R. 4278 entitled "Economic Growth and Regulatory Paperwork Reduction Act of 1996."
14. "Economic Growth and Regulatory Paperwork Reduction Act of 1996," Title II, Section 2305 amends 15 U.S.C.A. 1692e(11).
15. 15 U.S.C.A. § 1692-k(a).
16. Russell v. Equifax A.R.S., NDNY-95-7007, 1-16.
17. Emmanuel v. American Credit Exchange, 870 F. 2d 805, 809 (2d Cir. 1989),
Piples v. Credit Bureau of Lockport, Inc., 886 F. 2d 22 (2d Cir. 1989),
Graziano v. Harrison, 950 F. 2d 107 (3d Cir. 1991).

18. Carroll v. Wolpoff & Abramson, 53 F. 3d 626 (4th Cir. 1995).
19. 15 U.S.C.A. § 1692-k(b).
20. 15 U.S.C.A. § 1692-k(c).
21. Smith v. Financial Collection Services, 770 F. Supp. 232 (D. Del. 1991).
22. Jenkins v. Heintz and Bowman, 1996 WL 535167 (N.D. Ill. Sept. 18, 1996).
23. For a more comprehensive review of the FDCPA requirements and the applicable case law, see generally Laurie A. Lucas and
Alvin C. Harrell, Understanding the FDCPA: A Comprehensive Analysis of Recent Case Law, 49 Consumer Fin. L.Q. Rep. 301 (1995).
24. 15 U.S.C.A. § 1692-k(d).
25. Sibley v. Fulton DeKalb Collection Service, 677 F. 2d 830 (11th Cir. 1982).

Another and more recent case where the courts have decided that a right to sue by individuals is to be found in the U.S. 9th Circuit Court of
Appeals case titled Nelson v. Chase Manhattan Bank (March 03, 2002. Here again the court ruled that the private citizen does have a right to
pursue legal remedy against a collector who provides incorrect information to a credit bureau and refuses to correct such information as is
incorrect.
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