Second Circuit Opinion Repeats Its Prior Ruling on Interest Disclosures Because of Continued Litigation on Already-Decided Issues

Just when you think that you’ve seen the last of the interest disclosure issue out of New York, it rears its ugly head again. Luckily, the Second Circuit has yet again stood by the collection letter sent by the agency, finding no Fair Debt Collection Practices Act (FDCPA) violation despite the plaintiffs’ many attempts to twist and turn the interest disclosure argument. The decision is Kolbasyuk v. Capital Management Services, LP, No. 18-1260 (2d Cir. 2019).

Capital Management Services, LP (CMS) sent a collection letter that stated:

As of the date of this letter, you owe $5918.69. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For more information, write the undersigned or call 1‐877‐335‐6949.