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No Bill of Sale? No Problem

gavelA district court in the Northern District of Illinois recently granted a debt collector’s motion to compel arbitration in a Fair Debt Collection Practices Act lawsuit even though it could not provide the original bill of sale to prove it purchased the debt and the concomitant rights to enforce the arbitration provision in the underlying credit card agreement.

 

The case is Janis Fuller v. Frontline Asset Strategies, LLC, No. 1:17-cv-7901 (N.D. Ill. Apr. 11, 2018).

The FDCPA putative class action arose out of a collection letter that debt collector Frontline mailed to Janis Fuller allegedly threatening legal action that could not be taken. Importantly, Fuller alleged in her complaint that Frontline had purchased the debt from Credit Bank One.


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