Marcus & Zelman wins FDCPA Appeal versus Certified Credit & Collection Bureau
- January 16, 2016
- No comments
The Plaintiff filed a lawsuit in the Third Circuit against Certified Credit & Collection Bureau (“CCCB”) alleging violations of Fair Debt Collection Practice Act (“FDCPA”). Plaintiff received a collection letter which correctly notified her of her right to dispute the alleged debt in writing. However, the letter continued to state “SHOULD THERE BE ANY DISCREPANCY PLEASE CALL US . . ”
Plaintiff argued that the language notifying her that she can call in if there are any discrepancies, overshadowed her validation rights as it implied that she can call in to legally dispute a debt. The consequences of which is that a consumer can call in to dispute a debt, assume that they properly disputed a debt as per the language in the letter, while the collection agency would not legally have to accept the dispute.
The Defendant filed a motion to dismiss asking the district court to dismiss the case, and prevailed. The Plaintiff, through Marcus & Zelman, LLC, appealed the decision to the Third Circuit Court of Appeals asking them to overturn the lower courts decision. Upon consideration, the Third Circuit agreed and vacated the judgment, sending the case back to the lower court to reconsider.
To read the courts opinion see: CCCB Appeal Opinion 1.15.16