Skip to main content
· 8/3/2016

Jhonathan Victoria Javier v. Attorney General United States

Citations

  • 826 F.3d 127

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that any debt collection letters “when read in their entirety, must not deceive or mislead the least-sophisticated debtor”
  • holding that \adding a 'threat of litigation' requirement to all time-barred debt-collection efforts curtails the reach of the Act\
  • finding that “a collection letter sent to collect a time-barred debt that makes a ‘settlement offer’ to accept payment ‘in settlement of’ the debt could violate the [FDCPA]”
  • permitting courts to “accept as true all allegations in plaintiff’s complaint as well as all reasonable inferences that can be drawn from them…”
  • construing allegations in the complaint in the light most favorable to the non-moving party
  • finding that offer to “settle” might mislead the debtor

Source: CourtListener parenthetical corpus (CC0).

Judges: Greenaway, Vanaskie, Shwartz

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.