15 USC 1692(c) (b)Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. (c) Ceasing communication. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except— (1) to advise the consumer that the debt collector’s further efforts are being terminated; 18 U.S. Code § 1028.Fraud and related activity in connection with identification documents, authentication features, and information (a) Whoever, in a circumstance described in subsection (c) of this section— (1) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document; (2) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority; https://www.law.cornell.edu/wex/contract_disputes_act The Contract Disputes Act of 1978 (CDA) ensures uniform procedures for negotiating and litigating Government contract disputes. The litigation process under the CDA is transparent and definitive, ensuring fairness and predictability. The Government and the contractor are encouraged to negotiate claims and other disputes in good faith at the lowest possible level. The procedural path of a claim pursuant to the CDA starts with the Contracting Officer, who issues a Contracting Officer’s Final Decision, which is a decision on the merits. To challenge that decision, the contractor must appeal to the Board of Contract Appeals or to the United States Court of Federal Claims. Decisions by either initial forum must be appealed to the United States Court of Appeals for the Federal Circuit, the intermediate appellate authority. The final appellate authority is the Supreme Court of the United States. Fraudulent Misrepresentation https://www.law.cornell.edu/wex/fraudulent_misrepresentation Under contract law, a plaintiff can recover compensatory damages against a defendant when a court finds that the defendant has committed fraudulent misrepresentation. Courts will typically find that a defendant has committed fraudulent misrepresentation when six factors have been met: 1. a representation was made 2. the representation was false 3. that when made, the defendant knew that the representation was false or that the defendant made 4. the statement recklessly without knowledge of its truth 5. that the fraudulent misrepresentation was made with the intention that the plaintiff rely on it 6. that the plaintiff did rely on the fraudulent misrepresentation 7. that the plaintiff suffered harm as a result of the fraudulent misrepresentation #FDCPA #debtcollectors #DischargeDebt
Posted by MalikaDulce at 2020-10-03 18:15:35 UTC