Credit Reporting Agencies and the FDCPA
Please analyse questions below:
Q1: Joe and Sue Hill were involved in the operation of Joe’s
Hamburger Joint in Miracle, State of Nowhere, from the day their parents opened
it in 1928. By 1979, Joe, Sue and her husband Jim were running it. The business
was a corporation with Joe and Sue each owning half of the stock. Joe died in
2001, leaving his stock in equal shares to his sons, Gregg and Mike. Son Gregg
never worked there. Mike did occasional maintenance work until his father’s
death. Despite their lack of participation, the sons were paid more than $900
per week each. In 2000, Sue’s son Lawrence, who had graduated with a degree in
restaurant management, that he earned while working part-time at the
restaurant, took over its management. When his cousins became threatening, he
denied them access to the business and its books. Sue refused Gregg and Mike’s
offer of about $1.4 million for her stock in the restaurant, and they refused
her offer of about $800,000 for theirs. They filed a suit against her, claiming,
among other things, breach of fiduciary duty. Should the court order the aunt
to buy out the nephews or the nephews to buy out the aunt, or neither? Why?
Q2: Equifax A.R.S., a debt-collection agency, sent Donna
Russell a notice about one of her debts. The front of the notice stated that
“[i]f you do not dispute this claim (see reverse side) and wish to pay it
within the next 10 days we will not post this collection to your file.”
The reverse side set out Russell’s rights under the Fair Debt Collection Practices
Act (FDCPA), including that she had thirty days to decide whether to contest
the claim. Russell filed a suit in a federal district court against Equifax.
The court ruled against Russell, who appealed. On what basis might Russell
argue that Equifax violated the FDCPA?
ScholarMatic: Explanation & Answer
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