McQueen v. Downtown Athletic Club of New York City, Inc.

How courts have described this case

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

• holding that the FDCPA violation claim was sufficiently pleaded where the plaintiff alleged that a debt collector left a message at the plaintiffs residence and his mother overheard the message
• explaining that “leaving a message on an answering machine is ‘inherently risky’ because it is well known that, unlike a voicemail message, a message left on an answering machine can be easily heard within a certain distance” (emphasis added)
• “If violations of the FDCPA required deliberate or purposeful intent, then the bona fide error defense’s ‘not intentional’ element would tend towards surplusage.” (citation and quotation omitted)

Source: CourtListener parenthetical corpus (CC0).