Consumer attorneys subjected debt collectors to a barrage of FDCPA lawsuits, especially in New York and New Jersey, on collection letters in 2017. This trend will continue, and likely accelerate, in 2018. Debt collectors hoping for relief from the courts on the latest consumer attorney claims regarding collection letters may get some clarity in the near future.

In the recent Taylor case, the Second Circuit Court of Appeals considered oral arguments on the issue of whether a debt collector must disclose when interest is not accruing on an account.  A decision is expected in that case within the next year. Also, a recent decision from New Jersey held that validation language in a collection letter that tracks verbatim the wording of the FDCPA somehow violates the FDCPA. An appeal to the Third Circuit Court of Appeals in that case is expected. In addition, the Third Circuit Court of Appeals recently issued an opinion on whether use of the word "settlement" in a collection letter violates the FDCPA.

In the latest episode of the Debt Collection Drill podcast, Moss & Barnett attorneys John Rossman and Mike Poncin discuss these cases affecting debt collection letters and specific strategies that agencies can implement today.  

Click here to listen to the episode.