Skip to Content (Press Enter)

Skip to Nav (Press Enter)

Effective, Experienced, Exceptional.

Firm Profile

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

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

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