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CEB Prac. Guide § 2A.34 -- Communications with the Debtor -- False or Misleading Representations

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In Gonzalez v. Kay, --- F.3d ----, 2009 WL 2357015 (5th Cir. 2009), the Court of Appeals for the Fifth Circuit attempted to justify the various decisions involving whether a collection letter on law firm letterhead requires actual attorney involvement in the collection process.  The Court of Appeals explained, in part,   In sum, the main difference between the cases… Read More

In Smith v. NCO Financial Systems, Inc. 2009 WL 1675078 (E.D.Pa. 2009), Judge Rufe addressed whether a debtor stated claim under the FDCPA arising out of a debt collector’s use of a “Privacy Notice”, which stated:   Information We Collect:  We collect non-public personal information about you from the following sources:  From you on applications or other forms, over the… Read More

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

In Boyle v. Arrow Financial Services, LLP, 2008 WL 4447727 (N.D.Cal. 2008), Judge Hamilton addressed whether a debt collector violates the FDCPA by including the following language in a collection letter: The letter also stated: “As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting… Read More

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