Victorious Defense of FDCPA "Foti" Claim with Bona Fide Error Defense

Moss & Barnett defended a national collection agency faced with claims in federal court that the agency failed to provide the FDCPA mini-Miranda notice in recorded voice messages.  Prevailing on a motion for summary judgment, we established that the agency's procedures - including the posting of a note card in the work space of every collector advising of the company's policy to provide the mini-Miranda - was sufficient evidence to support a successful bona fide error defense.  This is believed to be the first Foti claim a collection agency defeated in court with the bona fide error defense.