Validation Notice - Part 11

This folder examines all aspects of the validation notice required under the FDCPA.
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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Validation Notice - Part 11

Post by David A. Szwak »

There is some confusion among the circuits as to what language contradicts the validation notice. The Second Circuit found that an ambiguous statement of the thirty-day period in which to request validation on the front side of the collection letter was overcome by a statement seven lines beneath, printed in bold and all capital letters, referring the consumer to the reverse side where the validation notice was printed in a font three times that of the front page. McStay v. I.C. System, Inc., 308 F.3d 188 (2d Cir. 2002). The Third Circuit held that the debt collector's letter which stated that it "shall afford [the debtor] the opportunity to pay this bill immediately and avoid further action against you," did not overshadow or contradict the required validation notice under 15 U.S.C. 1692g(a). Wilson v. Quadramed Corp., 225 F.3d 350 (3d Cir. 2000). On the other hand, the Seventh Circuit found that an action challenging collection letters which demand “promptâ€
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