defense to any suit, ... the threat to bring suit under such circumstances can at best be described as a 'misleading' representation, in violation of [the FDPCA].”); Beattie v. D.M. Collections, Inc., 754 F.Supp. 383, 393 (D.Del.1991) ("[T]he threatening of a lawsuit which the debt collector knows or should know is unavailable or unwinnable by reason of a legal bar such as the statute of limitations is the kind of abusive practice the FDCPA was intended to eliminate.”); Kimber v. Fed. Fin. Corp., 668 F.Supp. 1480, 1489 (M.D.Ala.1987) ("By threatening to sue [a debtor] on her alleged debt, [the debt collector] violated [the FDPCA]”). 53 . See Kimber, 668 F.Supp. at 1488. 54 . 15 U.S.C. § 1692k(c). 55 . See, e.g., McCorriston v. L.W.T., Inc., 536 F.Supp.2d 1268, 1277-78 (M.D.Fla.2008) (<HOLDING>); see also Pescatrice v. Orovitz, 539 F.Supp.2d
holding bona fide error defense barred claim for fdpca violation which arose from mistake of law holding defendants bona fide error defense conclusively failed defendant could not have maintained procedures reasonably adapted to avoid the venue violation which occurred because it routinely applied the wrong standard in determining where to file suit recognizing that if a creditors claim is subject to a bona fide dispute that creditor lacks standing to file an involuntary petition holding that a bona fide purchaser may be considered in privity with its predecessor recognizing that a mistake of fact may constitute a valid defense