Miller v. Javitch, Block & Rathbone

Because I cannot say with confidence that no reasonable jury could find this document to be misleading from the perspective of the least-sophisticated consumer, and because it is potentially misleading in a way that harms interests the Fair Debt Collection Practices Act (“FDCPA”) was designed to protect, I believe the proper course is to submit this question to a jury. The first three sentences of this six-sentence complaint contain literally false statements, and although this document is an attempt to collect credit-card debt, it never uses the term “credit card.” I respectfully dissent.

A.…