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Really!! Court Rules “Obligation” In A Settlement Letter Is A Threat That A Consumer May Be Sued

Since the 7th Circuit released their 2014 McMahon decision, using the word “settle” or “settlement” in any settlement offer letter has exposed collection agencies to being sued. Finding an FDCPA violation, the McMahon Court ruled that the consumer could reasonably assume that “settle” was a legal term and consumers would fear being sued for the debt.

Hunstein Copycat Claim Loses All 9 Lives: NJ State Trial Court Rules- Using A Printer Is Not An FDCPA Communication

Courts across the country have been required to deal with the tsunami of cases filed after the 11th Circuit’s industry changing order in Hunstein v. Preferred. While we all wait for the 11th Circuit to issue its new opinion, which is expected any day now, a New Jersey state court judge recently issued a stinging rebuke of the Hunstein theory.

Our Partners Bryan Shartle and David Clouston Honored as 2023 Best Lawyers in America!

SESSIONS, ISRAEL & SHARTLE is delighted to announce that two of our partners, Bryan C. Shartle and David R. Clouston, have been recognized as The Best Lawyers in America for 2023. 

Be Careful What You Rely On: Washington Court Says Debt Collector’s Reasonable Reliance On Balance Amount From Creditor Not Enough To Avoid FDCPA Violation

In Creager v. Columbia Debt Recovery, a district court judge partially granted plaintiff’s motion for summary judgment, concluding that the debt collector’s attempts to collect an unpaid apartment debt with an balance inflated because the plaintiff had forfeited her security deposit, violated the FDCPA. The information supplied by creditor/client did not protect the debt collector.




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