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Collection Letters Must Clearly Convey Validation Notice

Publisher: Law360
March 11, 2013
Day Pitney Author(s) Joy Harmon Sperling

Partners Joy Harmon Sperling and Elliot Ostrove and associate Lisa Gonzalo discuss a recent ruling affecting the validation notices required by the Fair Debt Collection Practices Act (FDCPA) in a March 11 article for Law360. In the article, "Collection Letters Must Clearly Convey Validation Notice," the authors outline the case, Caprio v. Healthcare Revenue Recovery Group LLC, in which the Third Circuit applied the "least sophisticated consumer" standard to find that "contradictory language in the collection letter could lead an unsophisticated consumer to be uncertain about his statutory right to dispute the debt." The authors write that clarity in debt collection notices is key, even beyond the technical requirements of the FDCPA, in order to ensure that consumers are not confused about their rights or actions required. All three authors are members of Day Pitney's Creditors' Rights and Real Estate Litigation group.

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American Conference Institute - National Forum on Residential Mortgage Regulatory Enforcement and Litigation

Day Pitney Partner Joy Harmon Sperling will present on a panel entitled "How to Navigate Debt Collection Restrictions, Manage Liquidity Challenges, and Reconcile Opposing Demands from Consumers and Investors as a Servicer," at the 27th American Conference Institute National Forum on Residential Mortgage Regulatory Enforcement and Litigation.

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On October 30, Andrew Ingalls spoke on a panel, "Emerging Federal Statute Developments and Strategies for Defending Against Innovative Borrower Claims," at the 26th National Forum on Residential Mortgage Regulatory Enforcement & Litigation, presented by the American Conference Institute (ACI) and held in Dallas, TX.

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Meet Day Pitney's Livorsi, the Woman Whose Big Courtroom Victory Continues to Reverberate Across 2 Sectors
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New Jersey Partner Christina Livorsi was featured in an in-depth New Jersey Law Journal Q&A titled, "Meet Day Pitney's Livorsi, the Woman Whose Big Courtroom Victory Continues to Reverberate Across 2 Sectors."

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Kevin Duffy and Naju Lathia were honored at the New Jersey Legal Awards Ceremony on September 23, at the Brooklake Country Club in Florham Park, NJ.

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Day Pitney Litigation partner Mark Romance appointment to the ABA's Commercial and Business Litigation Committee as co-chair was featured in Intellectual Property Magazine.

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Day Pitney Press Release

Inside the Fight Over New York's Foreclosure Laws
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Christina Livorsi is quoted in The Real Deal article, "Inside the Fight Over New York's Foreclosure Law."
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This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.