Legal Opinion

Johnson v. Simm Assocs., Inc.

District Court, D. Delaware

Decided August 14, 2018No. Civil Action No. 18-696PublishedCited by 3 opinions

1Opinion of the CourtKearney, District Judge

Through the Fair Debt Collection Practices Act, Congress mandates debt collectors clearly identify the debt and present creditor in the letters they send to consumers attempting to collect a debt. Assuming the debt collectors meet Congress' mandate, consumers cannot recover for an alleged violation of federal law by ignoring obvious disclosures or distorting disclosures to infuse ambiguity into one word such as the letter's identification of the debt collector's "client." When, as today, the debt collector's attached letter identifies the original creditor with an alleged balance and then…

2Cases cited10 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Sandra Connelly v. Lane Construction CorpCourt of Appeals for the Third Circuit · 2016
  4. Sheridan v. NGK Metals Corp.Court of Appeals for the Third Circuit · 2010
  5. Michelle Tatis v. Allied Interstate LLCCourt of Appeals for the Third Circuit · 2018

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. HUGHES v. CERTIFIED CREDIT & COLLECTION BUREAUDistrict Court, D. New Jersey · 2021
  2. RODRIGUEZ v. CERTIFIED CREDIT & COLLECTION BUREAUDistrict Court, D. New Jersey · 2019
  3. RODRIGUEZ v. GEM RECOVERY SYSTEMS, LLCDistrict Court, D. New Jersey · 2021

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