Bank of America, N.A. v. Camire

FIA Card Services, N.A. initiated this action against John Camire to recover damages arising out of a debt incurred using a Bank of America (Bank) credit card. Camire filed a counterclaim pursuant to the Fair Debt Collection Practices Act (FDCPA). Upon the motion of FIA Card Services, the trial court dismissed Camire’s counterclaim, concluding that FIA Card Services was exempt from liability pursuant to the FDCPA. The Bank was later substituted as the plaintiff. After a trial, the court entered a judgment in favor of the Bank in the amount of $11,573 plus costs. The Supreme Judicial Court affirmed the judgment in favor of the Bank but vacated the order dismissing Camire’s FDCPA counterclaim, holding (1) the trial court properly exercised its discretion in managing trial time, and no due process violation occurred; and (2) the trial court erred in concluding that FIA Card Services was exempt from the FDCPA as a matter of law. Remanded. View "Bank of America, N.A. v. Camire" on Justia Law