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CEB Prac. Guide § 2A.38 -- Communications with the Debtor -- Validation of the Debt -- Required Notices from the Debtor Collector -- Federal -- Language of the Validation Letter

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  In Jewsevskyj v. Financial Recovery Services, Inc., --- Fed.Appx. ----2017 WL 2992499 (3rd Cir. July 14, 2017), the Court of Appeals for the Third Circuit rejected an FDCPA class action that was based on the contention that FDCPA notices were given in too-small of a font. Here, although the format is compressed and the font is small, our inquiry focuses on whether… Read More

In Lyon v. Bergstrom Law, Ltd., 2016 WL 4161107, at *2–3 (E.D.Cal., 2016), Judge Drozd denied a motion to dismiss alleging FDCPA violations based on voicemail messages that did not disclose the FDCPA's mini-Miranda. Section 1692e(11) includes a non-exclusive list of conduct that constitutes a false or misleading representations. Section 1692e(11) provides the following conduct is a violation of the… Read More

In Bishop v. Ross Earle & Bonan, P.A., 2016 WL 1169064, at *3 (11th Cir. 2016), the Court of Appeals for the 11th Circuit held that communications between a debt collector and debtor's counsel counsel are subject to the FDCPA, but still are subject to the least sophisticated consumer standard. We join the Third, Fourth, and Seventh Circuits in holding that… Read More

In Caprio v. Healthcare Revenue Recovery Group, LLC, --- F.3d ----, 2013 WL 765169 (3d Cir. 2013), the Court of Appeals for the Third Circuit held that a debt collector’s inclusion of the language “please call us toll free at 800–984–9115 or write us at the above address if you feel you do not owe this amount” in its 30-day… Read More

In Riggs v. Prober & Raphael, A Law Corp. --- F.3d ----, 2012 WL 2054640 (9th Cir. 2012), the Court of Appeals for the Ninth Circuit held that a debt collector violates the FDCPA if his letter starting collection efforts states expressly that the debtor must dispute the debt in writing within 30 days or have the debt deemed valid. Camacho… Read More

In Riggs v. Prober & Raphael, 2010 WL 3238969 (N.D.Cal.), Judge Fogel held that, under Iqbal and Twombly, an FDCPA plaintiff failed to state a claim for lack of meaningful attorney involvement or for violating the Camacho  standard for debt validation warnings.  As to the former, Judge Fogel explained,   Plaintiff contends that her allegations that (1) Defendants sent the… Read More

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