NYLJ: Dunning Letter Did Not Violate Federal Act, Judge Finds

U.S. District Court, Northern District

Creditors and Debtors Rights

Dunning Letter Did Not Violate Federal Act, Judge Finds:


…Plaintiff fails to identify any case law to support the theory that it is a violation of the FDCPA for an attorney to mail a dunning letter to a debtor in a state that the attorney is not licensed to practice law in. The plain language of §1692e(3) prohibits the false representation that an individual is an attorney. Plaintiff does not dispute that defendant’s law firm is comprised of actual attorneys licensed to practice law in states other than New York. Therefore, defendant did not falsely represent its status as an attorney…

At this time, no attorney with this firm has personally reviewed the particular circumstances of your account. However, if you fail to contact this office, our client may consider additional remedies to recover the balance due.

…When viewed as a whole, even the least sophisticated consumer would not reasonably interpret this language as a threat of imminent litigation. There is no mention of “litigation”, “lawsuit”, “court”, or other like terms associated with legal action. This letter cannot be said to imply that legal action has already been or is about to be initiated…

 

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