Fair Debt Collection: 13.7.2.6 The Prevailing View: No Implicit Repeal
Outside the Ninth Circuit, lower courts apply the direct conflict analysis articulated by the Randolph, Simon, and Garfield courts and allow consumers to seek remedies under the FDCPA for debt collectors’ bankruptcy-related misconduct.380 This is particularly true with respect to FDCPA claims based on collection activities that violate the discharge order entered in a bankruptcy case.381 Violations of the automatic stay also give rise to FDCPA claims.