What are the elements of a collection defense law claim?

Collection Defense Law claims are civil actions that can be brought against a creditor who has wrongfully collected or attempted to collect a debt from an individual or entity. In Ohio, the elements of a Collection Defense Law claim are: 1) The creditor violated the Collection Defense Law in Ohio; 2) The debtor suffered damages as a result; 3) The damages were caused by the violation of the Collection Defense Law. In order to successfully bring a Collection Defense Law claim, the debtor must prove that their claim falls into one of the prohibited activities listed in the law. These prohibited activities include: threatening to take collection action without a valid legal basis, engaging in unfair or deceptive practices, harassing a debtor in an attempt to collect a debt, filing a false or inaccurate statement with the court, or attempting to collect a debt that is not legally due. The damages that may be recovered include any expense or charge the debtor incurred as a result of the illegal debt collection activity, as well as attorneys’ fees and monetary damages for emotional distress. Damages are typically awarded if the debtor shows that the creditor’s actions were a willful violation of the law, rather than an oversight or misunderstanding. Finally, it is important to note that a violation of the Collection Defense Law is considered an unfair or deceptive act in violation of the Ohio Consumer Sales Practices Act, and the debtor may bring a separate lawsuit under that law.

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What are the elements of a collection defense law claim?

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