Westlaw News

Lawsuit over debt collector's warning of 'possible legal action' dismissed

A federal judge has dismissed a proposed class action against a debt collection firm, rejecting the plaintiff’s claim that it violated the Fair Debt Collection Practices Act by falsely telling debtors legal action was imminent if they did not immediately repay their debts.

U.S. District Judge Vincent Briccetti in White Plains, New York ruled Tuesday that the plaintiff, New York resident David Rosenberg, failed to state a claim against Client Services Inc, under the FDCPA. The judge said a notice Rosenberg received warning of “possible legal action” if he was “unable to arrange repayment” of a $1,300 debt was not deceptive.

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