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Second Circuit Seeks to Provide Clarity as to Interest Disclosure

Consumer Financial Services Law

In Taylor, the creditor instructed the debt collector not to accrue interest of fees on the debts at issue. Each letter the debt collector sent, therefore, disclosed the same static balance. Avila, 817 F.3d 3d at 75-76. Taylor, Slip Op.

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

Consumer Financial Services Law

By Zachary Dunn The FDCPA prohibits a debt collector from using “any false, deceptive, or misleading representation” in connection with the collection of a debt. Zachary Dunn is an attorney practicing in Smith Debnam's Consumer Financial Services Litigation and Compliance Group. See 15 U.S.C. In Islam v.

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District Court Opinion Serves as a Reminder of the Limitations of Spokeo

Consumer Financial Services Law

Specifically, the plaintiff alleged that defendants had failed to disclose the amount they sought to collect included accruing interest. In reviewing the substance of the complaint, the court agreed with the debt collector that Ms. The plaintiff, however, failed to allege that she incurred any actual harm as a result.

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Washington Federal Court Holds “Vague” and “Conclusory” References to “Reasonable Procedures” Not Enough to Establish FDCPA’s Bona Fide Error Defense

Troutman Sanders

In a subsequent letter, the agency stated that the principal was accruing interest at the rate of 12%, which was followed by an email stating that the rate was 8%, which was followed by another letter stating that the rate was again 12%. A number of communications also included conflicting interest calculations.