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District Court Takes Expansive View of "Deceptive or Misleading" Practices under FDCPA

Consumer Financial Services Law

ARS sent a letter to Islam on August 11, 2016 stating, in relevant part, that “[a]s of the date above, you owe $14,413.78.” Consistent with that policy, the balance on Islam’s account had not grown since it was charged off on August 4, 2016. The court agreed, and based its analysis on the Second Circuit’s 2016 decision in Avila v.

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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

Duty to disclose accruing interest, fees or other charges A significant recent trend in FDCPA case law involves courts that have imposed new disclosure obligations that are not found in the plain language of the Act. 2016) and Carlin v. 2016), amended (May 22. 2012 WL 527486, at *10 (D. 3d 72 (2d Cir. filed (U.S.