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.
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