Second Circuit Rejects Alleged Duty to Itemize in an FDCPA validation Notice

In the latest decision on the adequacy of validation notices the Second Circuit Court of Appeals has rejected a plaintiff’s Argument that an FDCPA validation notice must itemize the component elements of the debt.  The court of appeals held that “a debt collection letter that informs the consumer of the total, present quantity of his…

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A Catch-22 for Foreclosure Lawyers?

Foreclosure attorneys struggle to find an appropriate way to comply with the FDCPA’s requirement that a validation notice correctly state the amount of the debt in cases in which the balance is changing constantly due to a variety of factors.  In Carlin v. Davidson Fink LLP, 2017 U.S. App. LEXIS 5438 (7th Cir. Mar. 29,…

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