Validation Notice Lawsuits: Overlooked Ruling from Third Circuit Proves Debt Collectors are Right! ("The Debt Collection Drill")
As most debt collectors know, sending any collection notice into Delaware, New Jersey, or Pennsylvania (the states with federal courts in the Third Circuit) will likely result in a Fair Debt Collection Practices Act (FDCPA) class action lawsuit against the debt collector. Typically these lawsuits assert that the validation language used in the collection letter does not require the consumer to communicate disputes in writing only allegedly in violation of the FDCPA. While several appeals on this issue are pending and consolidated before the Third Circuit Court of Appeals, a decision from the Third Circuit in 2017 may provide guidance on how it will rule in favor of the debt collectors.
In the most recent episode of The Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman and Mike Poncin are joined by their colleague, attorney Aylix Jensen, to discuss the Third Circuit validation issues, including the Jewsevskyj case, compliance with the new California privacy law (the CCPA), and credit reporting accounts in bankruptcy (see recent article on this issue, "Credit Reporting Debts in Bankruptcy: Deluge of Recent Lawsuits Reveals Risks for Financial Industry," insideARM, April 16, 2019).