Seventh Circuit Holds that a Validation Notice in a Complaint to Collect a Debt Violated §1692e of the FDCPA

This article previously appeared on the Burr Foreman blog and is re-published here with permission.

Alan Leeth

In Marquez v. Weinstein, Pinson & Riley, P.S., No. 15-3273, – F.3d –, 2016 WL 4651403 (7th Cir. Sept. 7, 2016), the Seventh Circuit Court of Appeals held that a validation notice in a complaint to collect a debt violated the Fair Debt Collection Practices Act (“FDCPA”). The ruling interpreted § 1692e of the FDCPA, which prohibits debt collectors from using “any false, deceptive, or misleading representations or means in connection with the collection of any debt.” 15 U.S.C. § 1692e. The Seventh Circuit found that the validation notice violated § 1692e because the validation notice was misleading to an unsophisticated consumer as to the appropriate time and manner for responding to the complaint. Marquez, 2016 WL 4651403, at *4.