· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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