A federal court in Virginia has ruled that a private litigant may not seek injunctive relief that would cancel an underlying debt under the Fair Debt Collection Practices Act. The court reasoned that Congress vested extensive authority to enforce the FDCPA by way of injunctive relief with the FTC, and that private litigants may only sue for actual and statutory damages. The court dismissed that part of the complaint through which the plaintiff sought to void the underlying debt on which the alleged FDCPA violation had occurred during collection. Click here for Vitullo v. Mancini, No. 1:09cv614 (U.S.D.C., E.D. Va., February 3, 2010).
Alert February 23, 2010