Second Circuit Affirms Judgment in Favor of Law Firm in Meaningful-Attorney-Involvement FDCPA Class Action

On February 13, the Second Circuit Court of Appeals affirmed the decision of an Eastern District of New York court and found that the defendant law firm, Mandarich Law Group, LLC (Mandarich), had conducted a meaningful attorney review of the plaintiff debtor’s account prior to mailing her a debt collection letter on the firm’s letterhead. The three-judge panel set forth the decision in a summary order, which does not have precedential effect.

The putative class action arose out of a debt collection letter Mandarich mailed to the plaintiff in March 2019. The plaintiff alleged the letter included language that overshadowed the statutorily-mandated validation notice and falsely represented or implied that an attorney had meaningfully reviewed the letter in violation of multiple provisions of the Fair Debt Collection Practices Act (FDCPA). 

As it relates to the meaningful-attorney-involvement claim, the plaintiff alleged that the use of the firm’s letterhead suggested an attorney was involved in the collection of the debt when in fact no attorney had reviewed the account prior to mailing the letter and the letter did not disclose that no attorney was involved in a review of the account.