United States Third Circuit

Judgment granting defendant's motion for judgment on the pleadings is vacated and remanded, where: 1) the district court erred on the claim alleging a violation of 15 U.S.C. 1692g of the Fair Debt Collection Practices Act, because both the substance as well as the form of the Collection Letter overshadowed and contradicted the Validation Notice required by section 1692g because the "least sophisticated debtor" would be uncertain as to his rights, i.e., whether he could effectively dispute the validity of the debt by making a telephone call, even though such disputes must be made in writing in order to be effective in this Circuit; 2) defendant did not effectively convey certain statutorily required information to the consumer; and 3) for the same reasons, the district court also erred on the 1692e(10) claim.

Appellate Information

• Decided 03/01/2013
• Published 03/01/2013

Judges

• COWEN

Court

• United States Third Circuit

Counsel