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Federal Judge Determines That 18 Calls Over Two-Week Period Does Not Violate FDCPA

A federal Judge in New Jersey has determined that a debt collector who made 18 telephone calls to a consumer over a two-week period (17 of which were unanswered and one where the recipient hung up) “could not reasonably be found to violate the Fair Debt Collection Practices Act (FDCPA).”  The case is Chisholm v. AFNI, Inc., (Case No. 15-3625, U.S, District Court, New Jersey, Nov. 22, 2016) A copy of the opinion from the Honorable Jerome B. Simandle, U.S. District Court Judge, District of New Jersey, can be found here.

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U.S. District Court Judge Rules Against Collection Agency for Incomplete Disclosures

On November 23, 2016, Judge Carlos Murguia of the U.S. District Court for Kansas ruled that a disclosure required in a collection letter for Massachusetts consumers was misleading to a consumer that was not a Massachusetts resident, since the letter did not contain a notice that the disclosure applied to Massachusetts residents only and the disclosure was formatted differently from other State disclosures.

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