Ninth Circuit: Michael Kaiser v. Cascade Capital

 

Even if made in a good faith belief in the validity of the claim, lawsuits and communications made to collect time-barred debts (and that do not acknowledge the lapsed time limit) are both unfair and misleading, and incur strict liability under the federal debt collection law.  A mistake about the state law statute of limitations underlying the claim is a mistake of fact that might qualify as an exculpatory bona fide error under the federal law.


Michael Kaiser v. Cascade Capital