Case of The Overzealous Debt Collector Questions
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
Case of The Overzealous Debt Collector Questions
Help me study for my Business Law class. I’m stuck and don’t understand.
THE CASE OF THE OVERZEALOUS DEBT COLLECTOR
Samantha brought a bought a boat from a large company, Arc Marine, for the sum of $50,000. At purchase, Samantha paid $10,000 in cash and gave Arc a note for the balance, which was payable in sixty monthly installments.
She kept the boat in her driveway. After making several payments, Samantha had financial problems and fell behind in making payments. Arc’s attorneys, who are not part of a collection agency instead work only for Arc, began calling Samantha every day at her place of work and in the evening at her home. The calls continued despite Samantha’s verbal demands that they cease. When they did not, Samantha brought an action against Arc pursuant to the Fair Debt Collection Practices Act.
The Trial
There was testimony at trial about the number of times that the law firm’s employee called Samantha and that both Samantha and her employer were very upset. Samantha’s attorneys questioned partners of the law firm regarding how many such suits they handled and their normal collection practices. Her attorney pointed out the fact that the law firm had a standard practice of collecting a percentage of any payments they convinced a delinquent debtor to pay although the balance of their work is paid on an hourly basis. A lawyer for Arc testified that it was very difficult to contact Samantha except during the daytime at work or in the evening at home. They had mailed registered letters to Samantha but she has refused to accept them. She also had no current email account.
The Arguments at Trial
Arc’s attorneys argued that the suit should be dismissed because the Fair Debt Collection Practices Act did not include attorneys under the category of debt collectors, and therefore, the Act did not apply to the facts of this case. Samantha’s attorneys argued that a law firm that did extensive collection work for Arc should be considered a debt collector under the act. They also argued that when a creditor misused the collection process in an unreasonable way, the act should apply regardless of the status of the creditor.
Questions to Discuss
Who do you believe has the stronger argument, Samantha or Arc? Why?
If you were the jury hearing this case, for whom would you decide? Why?
Based on your reading of the text and ordinary common sense, do you believe that the Fair Debt Collection Practices Act should apply to all attorneys or just to those attorneys who specialize in collection work?
( Roger LeRoy Miller; William E. Hollowell (2019). Business Law: Text & Exercises. Edition: 9th)
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). 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