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CEB Prac. Guide § 2A.41 -- Communications with the Debtor -- Validation of the Debt -- Statement of the Amount of the Debt

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2nd Circuit Provides Guidance on Stating Amount of the Debt in FDCPA Validation Letters

by Scott J. Hyman |

In Kolbasyuk v. Capital Mgmt. Servs., LP, No. 18-1260-cv, 2019 U.S. App. LEXIS 7204 (2d Cir. Mar. 12, 2019), the Court of Appeals for the Second Circuit affirmed judgment in favor of a debt collector as to the manner in which the collector stated the amount of the debt in its debt validation letters. Plaintiff-Appellant Yuri Kolbasyuk received a debt… Read More

2d. Cir. Says “Amount Due” in FDCPA Validation Letter Violates FDCPA When LSC Cannot Determine Amount Owing at the Time of the Letter

by Scott J. Hyman |

In Carlin v. Davidson Fink, LLP, 2017 WL 1160887, at *5–7 (C.A.2, 2017), the Court of Appeals for the Second Circuit said that a letter that sought unspecified “fees, costs, additional payments, and/or escrow disbursements” that were not yet due at the time the statement was issued violated the FDCPA. The remaining inquiry is whether Davidson Fink adequately stated the… Read More

District Court (Wash.) Finds FDCPA Letter Deceptive that Did Not Itemize Debt; Finds Debtor Did Not Waive C&D By Initiating Communication to Debt Collector; Says Law Firm Lost Exemption from Washington Licensing Statute by Saying it was a Debt Collector

by Scott J. Hyman |

In Snyder v. Daniel N. Gordon, P.C., 2012 WL 3643673 (W.D.Wash. 2012), Judge Jones found that a single non-itemized statement of the debt in the debt collector's initial communication was deceptive because it did not itemize the obligation. As far as the court is aware, the Ninth Circuit has not directly addressed the issue of whether a debt collector must provide the… Read More

7th Circuit Adopts “Materiality” Requirement Under FDCPA for False Representations

by Scott J. Hyman |

In Hahn v. Triumph Partnerships, LLC, the Court of Appeals for the Seventh Circuit held that the FDCPA's prohibition against "false, deceptive, or misleading representation or means in connection with the collection of any debt" under 15 U.S.C. 1692e requires materiality.  In ruling on whether the debt collector had properly disclosed the debt and attendant interest, the Court of Appeals… Read More

Seventh Circuit Says Debt Collectors’ Itemization of “Principal” Can Include Original Creditor’s “Interest”

by Scott J. Hyman |

In Wahl v. Midland Credit, Inc. --- F.3d ----, 2009 WL 426055 (7th Cir. 2009), the Court of Appeals for the Seventh Circuit addressed whether a debt collector used a false and deceptive means to collect a debt because it included in the “principal” balance amounts which the original creditor levied as “interest”.  The Court of Appeals described Plaintiff’s argument… Read More

Northern District Denies Plaintiff’s Summary Judgment Motion under Foti

by Scott J. Hyman |

In Reed v. Global Acceptance Credit Company, 2008 WL 3330165 (N.D.Cal. 2008), Judge Whyte rejected plaintiff's claim under Foti v. NCO Fin. Systems, Inc. 424 F.Supp.2d 643 (S.D.N.Y. 2006) and Hosseinzadeh v. M.R.S. Assocs, Inc. 337 F.Supp.2d 1104 (C.D.Cal. 2005) that a debt collector's failure to identify itself as a "debt collector" under 15 U.S.C. 1692e(11) violated that provision.  Here,… Read More