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CEB Prac. Guide § 2A.39 -- Communications with the Debtor -- Validation of the Debt -- Required Notices from the Debtor Collector -- Federal -- Definition of "Initial Communication"

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2d Cir. Says Debt Collector’s Response to Debtor’s E-mail Was Not “Initial Communication” under FDCPA Because the Response Was Not Initiated by the Debt Collector Ab Initio

by Scott J. Hyman |

In Worley v. Simon Meyrowitz & Meyrowitz, P.C., No. 23-187-CV, 2023 WL 7528560, at *2 (2d Cir. Nov. 14, 2023), the Court of Appeals for the Second Circuit affirmed dismissal of an FDCPA claim grounded in the theory that a debtor's collector's first communication with the debtor, in response to the debtor's e-mail, was the "initial communication" under 1692e(11) and… Read More

7th Cir. Says Debt Collector’s E-mail Communications Were Not “Communications” Because “Private” E-mails Were Merely Gateways to an Extended Process that Ended in the Relevant Message

by Scott J. Hyman |

It seems like an argument down the rabbit hole, but in Lavallee v. Med-1 Sols., LLC, No. 17-3244, 2019 U.S. App. LEXIS 23664, at *11-15 (7th Cir. Aug. 8, 2019), the Court of Appeal found that privately-linked debt collection e-mails were not collection communications, disagreeing with the debt collector's argument that its e-mails were, in fact, collection communications.   Huh? Everyone… Read More

11th Cir. Says Debt Collector’s V/M was a “Communication ” under the FDCPA, But Debt Collector Complied with the Act By Leaving Company Name and Purpose of the Call

by Scott J. Hyman |

In Hart v. Credit Control, LLC, 2017 WL 4216029, at *3–4 (11th Cir. 2017), the Court of Appeals for the 11th Circuit provided guidance on leaving voicemails for debtors: We find that this voicemail, and other voicemails like it, constitute a communication within the meaning of the FDCPA. Specifically, we hold that a voicemail can, and will, be considered a communication… Read More

9th Cir. Says “Initial Communication” under the FDCPA Applies to Each Successive Debt Collector on a Debt — Each Successor Debt Collector Must Demonstrate Compliance with the FDCPA

by Scott J. Hyman |

In Hernandez v. Williams, Zinman & Parham PC, No. 14-15672 (9th Cir. 2016), the Court of Appeals for the Ninth Circuit held that the FDCPA unambiguously requires any debt collector - first or subsequent - to send a section 1692g(a) validation notice within five days of its first communication with a consumer in connection with the collection of any debt.   A… 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