We’ve been closely following the cases out of the district courts within the Third Circuit related to whether a validation notice that tracks the statutory language of the Fair Debt Collection Practices Act (FDCPA) is misleading or confusing. Those decisions tend to be all over the place, and courts are starting to put these cases on hold as we await review by the Third Circuit. However, the jurisdictional split on this issue between the Third Circuit and the remainder of the country is visible in a recent case out of the Middle District of Georgia.
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In Urquhart v. Credit Bureau of Napa Cnty., Inc., No. 5:18-cv-00371 (M.D. Ga. May 30, 2019), the court granted defendant’s motion for judgment on the pleadings on this very issue. In this case, the defendant sent a collection letter that included a validation notice that tracked the language in section 1692g. The letter then went on to say, “If you would like to submit a dispute you can call us at 877-256-2510 or send it by mail to: Chase Receivables [address].” Plaintiff sued, alleging that this statement overshadows the validation notice because it could lead a consumer to call with a dispute.
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