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Debt collectors often run into evidentiary problems with proving applicable contracts for breach of contract claims arising from credit card debts. In 2014, the Consumer Financial Protection Bureau (CFPB) ordered Midland et. al and PRA to stop filing breach of contract claims unless they had proof of the cardholder agreement at the time of filing the collection action. It would appear that in order to avoid those problems, debt collectors turned to the claim of account stated. This arguably raises more problems for debt collectors than it solves because the defending consumers will almost certainly lose at the trial level, but they might prevail on appeal.
The accounts stated theory is surprisingly complicated for such a simple claim. This webinar is geared to practitioners who are willing to dig deep on these issues and not for those who want cookie cutter defenses.
What You Will Learn
- How debt collectors use the accounts stated argument in court
- What the components are of the account stated theory
Bret Knewtson is a sole practitioner in Oregon specializing in Bankruptcy Litigation, Bankruptcy Chapter 7, Bankruptcy Chapter 13, Personal Bankruptcy, Small Business Bankruptcy, Consumer Bankruptcy, Substantive Debt Defense (not settlement negotiation), Debtor Bankruptcy, Debtors Rights, FDCPA, Creditor Harassment, and HOA Collection Defense. Bret has been a member of the Oregon State Bar since 2003. He received his Juris Doctorate from the Northwestern School of Law of Lewis & Clark College. Bret was the treasurer of the Washington County Bar Association in 2009–2010, the chair of the Oregon chapter of National Association of Consumer Lawyers from 2008n2010, and the chair of the Oregon State Bar Consumer Law Section in 2009.
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