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FDCPA and Interplay with State Law
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Carlson v. First Revenue Assurance - ___ F3d ___
(March 3, 2004, 8th Cir.) Lockbox activity at an unlicensed
location did not violate Minnesota debt collection statutes or
the Fair Debt Collection Practices Act. Quote from the
Court's opinion: "The FDCPA was designed to provide basic,
overarching rules for debt collection activities; it was not
meant to convert every violation of a state debt collection law
into a federal violation. Only those collection activities
that use 'any false, deceptive, or misleading representation or
means,' including '[t]he threat to take any action that cannot
legally be taken' under state law, will also constitute FDCPA
violations." [Emphasis added.]
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