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Third Circuit Holds Settlement Offer on Time-Barred Debt States Plausible FDCPA Claim

Consumer Financial Services Law

In doing so, the Court joined the Fifth, Sixth and Seventh Circuits in holding that, even absent a threat of litigation, offers to settle time-barred debts could mislead the least sophisticated consumer. Refusing to provide a narrow interpretation of the FDCPA, the Court declined to require an actual threat of litigation.