Home / Compliance / Judge Grants MTD in FDCPA Case Over Colloquial Reference to Creditor in Letter

Judge Grants MTD in FDCPA Case Over Colloquial Reference to Creditor in Letter

A District Court judge in Connecticut has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by referring to the current creditor as “our client” in a collection letter.

A copy of the ruling in the case of Thoby v. Century Financial Services can be accessed by clicking here.

The plaintiff received a collection letter from the defendant in regards to an unpaid healthcare debt. The letter included a summary of pertinent information at the top of the page, including “Our Client: Bridgeport Hospital” and “Account #: XX5723” along with the unpaid balance.

The plaintiff subsequently filed suit, alleging the letter violated Sections 1692e, 1692f, and 1692g of the FDCPA by not properly identifying the name of the current creditor and making a false or misleading misrepresentation.

By at least implicitly identifying Bridgeport Hospital as the current creditor by referring to it as “Our Client,” the letter does not rise to a material violation of the FDCPA, Judge Stefan Underhill of the District Court for the District of Connecticut ruled.

“Because CFS’s letter contained a technical defect that had no bearing on the underlying debt, Thoby’s claims lack materiality and are not actionable under the FDCPA,” Judge Underhill wrote.

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One comment

  1. ….. and the defendant likely got stuck with thousands of dollars to defend this ridiculous claim. Or am I mistaken and the judge ordered the plaintiff to pay for such a frivolous action?

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