The Parameters of Least Sophisticated Consumer

[David A. Szwak]

"...the Fourth Circuit has held that the conduct or language alleged to violate the statute must be evaluated from the perspective of the "least sophisticated debtor." U.S. v. Nat'l Fin. Servs., Inc., 98 F.3d 131, 135-36 (4th Cir.1996). The purpose of this standard is to ensure that both the gullible and the shrewd receive equivalent protection from the predatory debt collection practices prohibited by the FDCPA. Clomon v. Jackson, 988 F.2d 1314, 1318 (2d Cir.1993). However, the parameters of what constitutes the "least sophisticated consumer" are not boundless. The boundary is crossed, for example, when a consumer assigns a bizarre or idiosyncratic interpretation to a collection notice in violation of "a quotient of reasonableness" whereby the consumer must be viewed as possessing a basic level of understanding that includes reading and/or listening to the communication with care. U.S. v. Nat'l Fin. Servs., Inc., 98 F.3d at 136."

Turner v. Shenandoah Legal Group, P.C.
Slip Copy, 2006 WL 1685698
E.D.Va.,2006.
Jun 12, 2006