26.5 Consumer Leasing
In this case, Joyce Givens entered into a rental agreement (week to week or month to month) with Rent-A-Center in which she rented a bar and an entertainment center. She violated the terms of the rental agreement due to nonpayment and taking the furniture with her when she moved. Rent-A-Center filed a criminal complaint against Ms. Givens, in which Ms. Givens returned the furniture. Ms. Givens later filed a lawsuit against Rent-A-Center stating that they violated the Consumer Leasing Act. In regards to who wins the suit, Rent-A-Center would win. This is based upon the original agreement that Ms. Givens and Rent-A-Center entered into. It was a rental agreement. Rental agreements are not considered consumer leases, as a result, the case more than likely will be dismissed.
26.7 Fair Debt Collection
In reviewing the facts of the case, here is what we know: Mr. Juras was a student at Montana State University. He took out student loans to help pay for his tuition from the school. At the end of his time with the school, he had an outstanding balance of over $5000. Mr. Juras would later default on these loans. The school would then sell the debt to Aman Collection Services. Aman would win judgment against Mr. Juras, which he refused to pay. Mr. Juras would later move to California. A VP from Aman, called Mr. Juras before 8 am PST twice stating that if the debt was not satisfied, he would not receive his college transcript. Mr. Juras would sue Aman stating that the subsequent calls before 8 am violated the Fair Debt Collection Practices Act. The VP of Aman, Mr. Gloss stated that he forgot about the time difference when he made those calls. Under the Fair Debt Collection Practices Act, debt collectors are forbidden from using threatening, false, and or misleading representations in order to gain payment. Mr. Gloss threatened Mr. Juras that he would not receive his college transcript if the debt was not paid. That constitutes a threat. The...
References: Fair Debt Collection Practices Act. (1996). Retrieved from http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-tex
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