Limited Time Offer

[David A. Szwak]

The Fifth Circuit has held that a collection agency’s false or misleading statements about a limited time settlement offer from the creditor regarding both the amount of the discount it was authorized to offer and the time within which the debtor was allowed to accept the offer violated 15 U.S.C. 1692e(10) of the FDCPA. Goswami v. Am. Collections Enter., 377 F.3d 488 (5th Cir. 2004).

[David A. Szwak]

The Fifth Circuit has held that a collection letter which falsely states that the debt must be paid in full during the next 30 days in order to qualify for the discount violated 15 U.S.C. 1692e(10) where the creditor had given an unlimited time for such discounts. Goswami v. American Collections Enterprise, Inc., 377 F.3d 488 (5th Cir. 2004). See: Jackson v. National Action Financial Services, Inc., 227 F.D.R. 184 (U.S.D.C. N.D. Ill. 2005).