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Three consumers had brought an action against three debt collection agencies on the basis of violating the Fair Debt Collection Practices Act ("FDCPA") on the basis of misleading or deceptive conduct on the basis of threatening action they do not intend to take.
In these cases:
The Court of Appeal dismissed the proceedings and agreed with the Federal Court, noting that it is not always economic or desirable to go to a trial and a collection agency is entitled to change its strategy at any time in the process.