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Collection Letters Must Clearly Convey Validation Notice

Publisher: Law360
March 11, 2013
Day Pitney Author(s) Joy Harmon Sperling

Partners Joy Harmon Sperling and Elliot Ostrove and associate Lisa Gonzalo discuss a recent ruling affecting the validation notices required by the Fair Debt Collection Practices Act (FDCPA) in a March 11 article for Law360. In the article, "Collection Letters Must Clearly Convey Validation Notice," the authors outline the case, Caprio v. Healthcare Revenue Recovery Group LLC, in which the Third Circuit applied the "least sophisticated consumer" standard to find that "contradictory language in the collection letter could lead an unsophisticated consumer to be uncertain about his statutory right to dispute the debt." The authors write that clarity in debt collection notices is key, even beyond the technical requirements of the FDCPA, in order to ensure that consumers are not confused about their rights or actions required. All three authors are members of Day Pitney's Creditors' Rights and Real Estate Litigation group.