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· 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 CourtListener

Sourced 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.