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Collections Attorneys: Venue Selection Clause and FDCPA

Any of you know whether a venue selection clause stating a s puest07/27/17
County where they reside OR signed. It is a FDCPA violation vohod07/27/17
Oliva is new http://media.ca7.uscourts.gov/cgi-b in/rssExec.p vohod07/27/17
Thank you for the help, vohod! Edit: Out of curiosity, d puest07/27/17
puest (Jul 27, 2017 - 12:46 pm)

Any of you know whether a venue selection clause stating a specific court within a county complies with 1692i of the FDCPA? FDCPA says it must take place in the place where the contract was signed or where the debtor resides. Unsure whether you can contract around it. 7th Circuit here, but could use case law from other jurisdictions if necessary.

Thanks in advance, and enjoy your day!

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vohod (Jul 27, 2017 - 12:50 pm)

County where they reside OR signed. It is a FDCPA violation to rely on venue clause in consumer debt.

If this is in Cook County read Oliva and Suesz. You CANNOT sue in daley center if a muni court is closer. See; http://bn-lawyers.com/seventh-circuit-rules-that-collection-lawyers-may-not-rely-on-its-own-decisions/

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vohod (Jul 27, 2017 - 12:52 pm)

Oliva is new http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2017/D07-24/C:15-2516:J:Manion_:dis:T:fnOp:N:1999070:S:0

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puest (Jul 27, 2017 - 1:03 pm)

Thank you for the help, vohod!

Edit: Out of curiosity, do you know of any authority that rejects the use of forum selection clauses? Boss demands a world of proof if the outcome isn't what he wants.

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