Debt Collector Prevails against FDCPA Claim Alleging Technical Violations

Our debt collector client prevailed in a lawsuit commenced in federal court in New York in which the consumer alleged that a technical violation of a New York City ordinance gave rise to a FDCPA claim.  The court disagreed with the consumer, and held that even the so-called “least sophisticated consumer” would not have been confused or misled by the debt collector’s communication.  The court also declined to allow the consumer to amend her complaint to add a claim that Moss & Barnett’s client had engaged in unfair or unconscionable debt collection practices.