Letter Violation Lawsuits Rise -- Avoid the Three Most Common Claims

John Rossman,
Moss & Barnett

Lawsuits alleging that debt collection letters violate the FDCPA decreased over the past few years as consumer attorneys focused litigation on Foti and TCPA claims.  Recently, letter violation lawsuits spiked with novel claims that are gaining traction in some Courts.  Attorneys John Rossman and Mike Poncin discuss three new letter violation claims that are being used to challenge collection letters across the country in the latest episode of The Debt Collection Drill.

Mike Poncin,
Moss & Barnett

from the podcast:

The debt collection letter said, “Please send payment in full by such-and-such date,” and the claim is that the letter did not provide any partial payment options — when obviously the creditor would have been willing to (the argument goes) accept partial payments. The consumer attorney is arguing that by not including a partial payment option, the letter is misleading.

Looking for more resources about written communication? Check out To the Point: Written & Verbal Communications from insideARM’s Research Library.