Consumer brought action against debt collector, alleging that collection notice simulated telegram and created false sense of urgency in violation of Fair Debt Collection Practices Act (FDCPA). Debt collector moved for summary judgment, and consumer cross-moved for partial summary judgment, or, alternatively, continuance pending completion of discovery and stay of motion pending court’s determination of class certification. The United States District Court for the Southern District of New York, Charles L. Brieant, J., granted debt collector’s motion. Consumer appealed. The Court of Appeals, Feinberg, Circuit Judge, held that collection letter did not violate FDCPA.Read the full opinion (pdf)
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