Saturday, October 25, 2014

Sixth Circuit: No Interest for Debt Collectors

In a decision that has far-reaching implications, the Sixth Circuit Court of Appeals has held that debt collectors are not entitled to interest on charged off credit card debt.  In Dede Stratton v. Portfolio Recovery Associates, LLC the court examined the intersection of Kentucky's usury statute, contractual vs. statutory interest, and charged off credit card debt.  Judge Stranch, writing for the court, said: "Under Kentucky law a party has no right to statutory interest if it has waived the right to collect contractual interest. And any attempt to collect statutory interest when it is 'not permitted by law' violates the FDCPA."

The basis of the ruling was that when the credit card company charged off the debt, it forfeited its right to charge contractually agreed upon interest.  The court reasoned that because Ms. Stratton had agreed to pay the contractual interest, when the credit card company charged off the debt it also forfeited the right to charge statutory interest pursuant to the Kentucky usury statute.  PRA had stated in its complaint filed in Kentucky state court that Ms. Stratton owed it 8% interest from the time of charge off.  The court disagreed and held that this was a violation of the FDCPA.

This ruling goes on to state that a debt collector could collect prejudgment interest, but only when the court awards it after a judgment is obtained.


866-279-9721

1 comment:

  1. I'M NOW FULFILL FINANCIALLY BECAUSE OF THE LOAN I GOT FROM LFDS .I would like to bring this to the notice of the public about how i came in contact with Mr Benjamin after i lost my job and being denied loan by my bank and other financial institution due to my credit score. I could not pay my children's fees. I was behind on bills, about to be thrown out of the house due to my inability to pay my rent, It was during this period my kids were taken from me by foster care. Then i set out to seek for funds online where i lost $3,670 that i borrowed from friends which i was rip off by two online loan companies. Until i read about:loan online (247officedept@gmail.com) somewhere on the internet, Still wasn't convince because of what i have been through until a relative of mine who is a clergy also told me about the ongoing loan scheme  at a very low interest rate of 1.9%% and lovely repayment terms without penalty for default of payment. I have no choice than to also contact them which i did through text +1-989-394-3740 and Mr Benjamin responded back to me That day was the I'M best and greatest day of my life which can never be forgotten when i receive a credit alert of $400,000.00 Usd loan amount i applied for. I utilized the loan effectively to pay up my debts and to start up a business and today i and my kids are so happy and fulfill. You can as well contact them through email: (247officedept@gmail.com)  WhatsApptext  helpline: +1-989-394-3740 Why am i doing this? I am doing this to save as many that are in need of a loan not to be victim of scams on the internet. Thanks and God bless you all, I'm Oleksander Artem from Horizon Park BC , Ukrain.

    ReplyDelete