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FDCPA: Contacting Represented Consumers
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Schmitt
v. FMA Alliance, Inc.
Court File No. 03-4057 (8th Cir. Feb. 9, 2005)
Creditor's knowledge of attorney representation cannot be
imputed to debt collector who later attempts to collect debt.
Description from the 8th Circuit's website: "Creditor
bank had knowledge that debtor was represented by counsel. That
knowledge is not imputed to debt collection agency. Debtor must
plead actual knowledge under Fair Debt Collection Practices Act
by debt collector of debtor's representation. District court's
dismissal without prejudice of FDCPA claim is affirmed."
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