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 collection letter from Defendant-Appellee Capital Management Services, LP (“CMS”). Kolbasyuk sued CMS under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., but the United States District Court for the Eastern District of New York (Cogan, J.) rejected his claims. We hold that a debt collection letter that informs the consumer of the total, present quantity of his or her debt satisfies 15 U.S.C. § 1692g notwithstanding its failure to inform the consumer of the debt’s constituent components or the precise rates by which it might later increase. We further hold that such a letter does not violate 15 U.S.C. § 1692e for failure to inform the consumer that his or her balance might increase due to interest or fees when the letter contains the “safe harbor” language previously ratified in Avila v. Riexinger & Associates, LLC, 817 F.3d 72 (2d Cir. 2016) [*1] . Accordingly, the judgment of the district court is AFFIRMED. Kolbasyuk v. Capital Mgmt. Servs., LP, 2018 U.S. Dist. LEXIS 63736 (E.D.N.Y., Apr. 14, 2018)