Is a debt collector barred from using any "unfair or unconscionable means" to collect debt?

MultiRegion, United States of America

The following excerpt is from Arias v. Gutman, Mintz, Baker & Sonnenfeldt LLP, 875 F.3d 128 (2nd Cir. 2017):

Section 1692f prohibits debt collectors from using any "unfair or unconscionable means to collect or attempt to collect any debt." 15 U.S.C. 1692f. Like its counterpart, section 1692e, section 1692f contains a non-exhaustive list of unfair practices, including the collection of an invalid debt and taking or threatening to take non-judicial action to effect the dispossession of property without a legal right to do so. Id. The FDCPA may also bar an array of other unfair practices. See Currier v. First Resolution Inv. Corp., 762 F.3d 529, 534 (6th Cir. 2014) (collecting cases).

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