Common Sense Prevails! Seventh Circuit Affirms Consumer was not Harmed by Letter and Dismisses FDCPA Case
Debt collectors defending against hyper-technical Fair Debt Collections Practices Act (FDCPA) lawsuits by consumer attorneys commonly ask the same question: “How could the consumer possibly have been harmed by this supposed violation of the FDCPA?” The question is especially poignant when the purported FDCPA violation arises from a collection letter the consumer never read or from language in the collection letter upon which the consumer never intended to rely. Does the concept of “no harm, no foul” apply to the FDCPA?
In the most recent episode of The Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman and Mike Poncin discuss the recent ruling by the Seventh Circuit Court of Appeals in the Casillas matter dismissing an alleged hyper-technical FDCPA letter violation. They also discuss the recent ruling by the Second Circuit Court of Appeals regarding interest and share thoughts on the Consumer Financial Protection Bureau’s proposed debt collection rules.