NYLJ: Second Circuit: Collection Agency Violated Venue Provisions of Fair Debt Collection Practices Act

U.S. Court of Appeals, Second Circuit

Creditors and Debtors Rights

Hess v. Cohen & Slamowitz, 10-424

“…This case calls upon us to decide a question of first impression in this Circuit: whether a debt collector violates the FDCPA‘s venue provisions by suing a consumer in a city court in the State of New York when that court lacks power to hear the action because the consumer does not reside in that city or a town contiguous thereto. We hold that such a suit is not brought in the “judicial district or similar legal entity” in which the consumer resides, even when the consumer resides elsewhere within the county containing the city court, and therefore determine that Hess’s complaint states a claim upon which relief can be granted. Accordingly, we vacate the judgment of the district court and remand for further proceedings consistent with this opinion…”

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