Nonstatutory defenses should not be recognized under the FDCPA. Generally, when dealing with a statutory cause of action that enumerates defenses, it is not appropriate to add to the list. People v. Theobald, 356 N.E.2d 1258 (3rd Dist. 1976). There is commonly an attempt to defend based on the "voluntary payment" doctrine, but the Supreme Court of Missouri decision ruling that this doctrine does not apply to the Missouri Merchandising Practices Act, Chapter 407, RSMo - Huch v. Charter Commc'ns, Inc., 290...
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Section 34 Other Defenses
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