United States Second Circuit

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Carlin v. Davidson Fink LLP, 15-3105

In an action alleging that law firm-defendant violated the Fair Debt Collection Practices Act, 15 U.S.C. section 1692 et seq. (FDCPA), when it failed to provide the 'amount of the debt' within five days after an initial communication with a consumer in connection with the collection of a debt, as required by section 1692g, the district court's grant of defendant's motion to dismiss is reversed where 1) a letter to a consumer debtor providing a 'Total Amount Due' and stating that the amount may include estimated fees, costs, additional payments, or escrow disbursements that are not yet due is not sufficient to state the 'amount of the debt' as required by section 1692g; and 2) mortgage foreclosure complaints are not 'initial communications' within the meaning of the FDCPA.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/03/29

Judges

  • PARKER

Court

  • United States Second Circuit

Counsel


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