· 3/17/1993
Christ Clomon v. Philip D. Jackson
Citations
- 988 F.2d 1314
- 1993 U.S. App. LEXIS 4965
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that few, if any, cases in which mass-produced debt collection letters are used will comply with the FDCPA
- holding that the least sophisticated consumer standard applies to whether § 1692e has been violated
- holding that that a letterhead, which contained the language “ATTORNEY AT LAW” was “sufficient to give the least sophisticated consumer the impression that” the letter was a communication from an attorney
- finding that mass-produced collection letters bearing the facsimile signature and letterhead of an attorney who never actually reviewed the letters or read the consumer’s files violated the FDCPA
- noting that the standard “is grounded, quite sensibly, in the assumption that consumers of below-average sophistication or intelligence are especially vulnerable to fraudulent schemes”
- observing that “courts have held that even the ‘least sophisticated consumer’ can be presumed to possess a rudimentary amount of information about the world and a willingness to read a collection notice with some care”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Winter, Cabranes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.