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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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Mark Romance authored an article, "Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party?," published by the American Bar Association Section of Litigation.

Emerging Federal Statute Developments and Strategies for Defending Against Innovative Borrower Claims

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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Day Pitney Wins “Law Firm of the Year” for Trusts & Estates Law in U.S. News – Best Lawyers “Best Law Firms”
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Day Pitney Press Release

NY high court revives foreclosure actions, clarifies law
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Christina Livorsi was quoted in the Reuters Legal article, "NY high court revives foreclosure actions, clarifies law."

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Firm Ranked Tier 1 Nationally for Energy Law and Trusts and Estates Law

Rainmaker Q&A: Day Pitney's Joy Harmon Sperling
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Joy Harmon Sperling was featured in an article, "Rainmaker Q&A: Day Pitney's Joy Harmon Sperling," in Law360.
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