not in ordinary course of business purchases collateral free of an unperfected security interest only if buyer has no actual knowledge of interest). Accordingly, since a secured creditor acquires a personal property right, see id. § 70A-l-201(37)(a), actual knowledge of the assignment’s existence precludes substantial interference with the assignee’s rights. Legal commentators have noted that under the UCC, an assignee’s rights may be adversely affected by contract modifications made by the account debtor and the assignor, but such actions are “unwarranted” if the assignee’s rights are jeopardized by termination of the contract or similar unilateral action. 9 Hawkland, Lord & Lewis, UCC Series § 9-318:01 (Callaghan 1991). See also In re Apex Oil Co., 975 F.2d 1365, 1370 (8th Cir.1992) (<HOLDING>). Given these principles and a plain reading of
holding that a debt collectors filing of a lawsuit on a debt that appears to be timebarred  is an unfair and unconscionable means of collecting the debt holding company acted unreasonably by setting off debt after receiving notice of third partys security interest in same debt holding that reporting of historically accurate debt may violate the fcra when the reporting did not include that the debt was discharged in bankruptcy or that the debt was in dispute holding that an entity engaged in collection activity on a defaulted debt acquired from another is a debt collector under the fdcpa even though it may actually be owed the debt holding that effect of discharge of debt under bankruptcy code is the same as it was under the 1898 bankruptcy act it is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debt or