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Chapter 25 Case Hypothetical and Ethical Dilemma Last year, Juan Ramirez purchased a washer-dryer combination from I. I. Gregory Appliances, Inc. Juan satisfied the monthly obligations on his I. I. Gregory credit card until he lost his job at D. Funk Steel Industries, Inc. He is now four (4) months behind on his I. I. Gregory credit card payments. I. I. Gregory has turned the matter over to a collection agency, Shady Way Collections, Inc. Since Shady Way only gets paid if it recovers on delinquent accounts, the company is particularly aggressive in terms contacting debtors and collecting overdue sums. When I. I. Gregory assigned the Juan Ramirez account to Shady Way, the collection agency “focused its wrath” on Juan. A representative of Shady Way has called Juan as early as 3:30 a.m., and as late as 11:45 p.m., often using foul language to impress upon Juan his debt repayment obligations. Despite Juan’s repeated proclamations that he will only deal with I. I. Gregory, the company he bought the washer-dryer combination from and whose credit card he holds, Shady Way continues to contact him. The collection agency has even called Juan’s brother and sister, telling them how dishonorable their sibling is, how they should be ashamed of him, and that they need to impress upon Juan that “real men” pay their debts. In its communications with Juan Ramirez and his family, has Shady Way Collections, Inc. violated the Fair Debt Collection Practices Act? If so, why should the law protect Juan? Has not Juan violated his legal and ethical obligations in terms of not repaying his credit card debt?
Federal Trade Commission (FTC)
How The FTC Brings An Action:
Remedies For Violation of “Cease-And-Desist” Order
Elements of Deceptive Advertising
FTC Actions Against Deceptive Advertising
Telemarketing And Electronic Advertising
Regulation of Tobacco Advertising
Labeling and Packaging Laws
FTC Regulation of Specific Industries
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