In a recent decision, the Eastern District of New York (“E.D.N.Y”) answered a question left open by the Second Circuit in Taylor v. Financial Recovery Services, Inc., 886 F.3d 212 (2d Cir. 2018). In Taylor, the Second Circuit explicitly refused to answer the question of whether the safe harbor language is required if interest may accrue on the account at some point in the future. In Medzhidzade v. Kirschenbaum & Phillips, P.C., No. 17-CV-6452, 2018 WL 2093116 (E.D.N.Y. May 3, 2018), the court gave its answer: No.
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