FDCPA Caselaw Review for October 2018

Stewart v. Selip & Stylianou, LLP, No. 17-CV02745 (E.D.N.Y. Oct 4, 2018)

Main issue: Does a law firm's collection letter require mentioning court costs when the collection lawsuit is not yet filed or still pending?  Conclusion: No

A law firm sent a collection letter to the consumer stating that it intended to file a collection lawsuit in state court. The letter did not include a disclosure that the firm would collect court costs or fees, which were ultimately requested when the suit was filed. The consumer sued saying that the letter was false and misleading due to this omission.

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Court Orders Defendant to Turn Itself Inside Out to Provide Account-Level Data in TCPA Class Action

It’s one of those class discovery rulings that just sends shivers up your spine. Where – over what were seemingly specific declarations establishing the substantial burdens of trying to extract and produce massive amounts of customer account data – a magistrate judge decided to go with the declarations of experts who claimed to know better, and said the task at hand would actually be easy, peezy, lemon squeezy…  Or something to that effect.

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17 June 2019 at 06:00 p.m.

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