Prepared by Sviatlana Liashchyna, Legal and Regulatory Compliance Attorney for LOGS Legal Network
The courts have issued numerous judicial interpretations related the Fair Debt Collection Practice Act (FDCPA) since its enactment and many directly contradict each other. The 7th Circuit recently issued its opinion in Preston v. Midland Credit Mgmt., No. 18-3119, 2020 U.S. App. LEXIS 1775 (7th Cir. Jan. 21, 2020) finding printing "TIME SENSITIVE DOCUMENT" on a mailing envelope constitutes a violation of § 1692f(8) of the FDCPA which directly contradicts 5th and 8th circuits’ decisions allowing a "benign language" exception to that provision.
The 7th circuit agreed with the CFPB’s position set forth in its amicus brief in Preston that there should be no "benign language" exception and debt collectors should be limited to including the language and symbols that facilitate mailing an envelope. The CFPB argued (and the court agreed) the adoption of a "benign language" exception, would create a question of fact not properly determined by the court because it requires evaluation of the effect a particular phrase may have on unsophisticated consumers.
The CFPB is working on amendments to Regulation F, which will implement the FDCPA, and hopefully, would add some clarity and uniformity to the debt collection legal practices.
Please contact any of the LOGS Network law firms in the attached listing with any FDCPA-related questions. The firms would be able to help you navigate the jurisdictional intricacies of the FDCPA. LOGS Network Law Firms Listing.
This blog post is provided for educational and informational purposes only and is not intended and should not be construed as legal advice or used as a substitute for competent legal advice. By using this information, you understand that there is no attorney-client relationships between you and the author of this post.