· 8/8/2014
Roslyn Currier v. First Resolution Inv. Corp.
Citations
- 762 F.3d 529
- 2014 WL 3882745
- 2014 U.S. App. LEXIS 15277
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that under section 1692e, alleged illegal conduct “can also fairly be characterized as a threat to take [that illegal action]”
- holding that the least sophisticated consumer standard presumes “a basic level of reasonableness and understanding on the part of the debtor, thus preventing liability for bizarre or idiosyncratic interpretations of debt collection notices”
- emphasizing that the conduct at issue “was not a mere technical violation of Kentucky law”
- stating that “Congress did 15 not turn every violation of state law into a violation of the FDCPA”
- finding that the defendants placing an invalid judgment lien on the debtor’s home “was not a mere technical violation of Kentucky law,” but an improper legal burden and unfair collection practice Congress intended to prevent
- discussing nature of creditor’s assertion of lien in light of how it would be perceived by the “least sophisticated consumer”
Source: CourtListener parenthetical corpus (CC0).
Judges: Griffin, White, Stranch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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