Legal Opinion
Avila v. Riexinger & Associates, LLC
Court of Appeals for the Second Circuit
Decided March 22, 2016No. Docket Nos. 15-1584 (L), 15-1597PublishedCited by 110 opinions
1Opinion of the Court
POOLER, Circuit Judge:
The Fair Debt Collection Practices Act (“FDCPA”) prohibits debt collectors from using “any false, deceptive, or misleading representation or means in connection with the collection of any debt.” 15 U.S.C. § 1692e. The question presented is whether a collection notice that states a consumer’s “current balance,” but does not disclose that the balance may increase due to interest. and fees, complies with this provision. We hold that Section 1692e requires debt collectors, when they notify consumers of their account balance, to disclose that the balance may increase due to…
2Cases cited9 opinions
- Christ Clomon v. Philip D. JacksonCourt of Appeals for the Second Circuit · 1993
- Donna M. Russell v. Equifax A.R.S., and Cbi CollectionsCourt of Appeals for the Second Circuit · 1996
- Jacobson v. Healthcare Financial Services, Inc.Court of Appeals for the Second Circuit · 2008
- Kevin Miller v. McCalla Raymer, Padrick, Cobb, Nichols, and Clark, L.L.C., and Echevarria, McCalla Raymer, Barrett, and FrappierCourt of Appeals for the Seventh Circuit · 2000
- Vincent v. The Money StoreCourt of Appeals for the Second Circuit · 2013
4 more not listed; retrieve them via the Exa API.
3Cited by110 opinions
- Carlin v. Davidson Fink LLPCourt of Appeals for the Second Circuit · 2017
- Kolbasyuk ex rel. Situated v. Capital Mgmt. Servs., LPCourt of Appeals for the Second Circuit · 2019
- Arias v. Gutman, Mintz, Baker & Sonnenfeldt LLPCourt of Appeals for the Second Circuit · 2017
- Taylor v. Fin. Recovery Servs., Inc.Court of Appeals for the Second Circuit · 2018
- Vangorden v. Second Round, Ltd. P'shipCourt of Appeals for the Second Circuit · 2018
105 more not listed; retrieve them via the Exa API.