HPY Obtains Dismissal for Law Firm Accused of Violating FDCPA
ATLANTA, February 2, 2018 – Hawkins Parnell & Young, LLP obtained a dismissal in the United States District Court for the Northern District of Georgia on behalf of a law firm being sued for alleged violations of the Fair Debt Collection Practices Act (FDCPA). Christine Mast and Bryan Grantham represented the defendant.
Plaintiff claimed that the law firm sent a collection letter without identifying to whom the debt was owed. Although the letter indicated it was for a debt collection and provided the name of the creditor, Plaintiff stated this information was insufficient to put the least sophisticated consumer on notice.
HPY argued that the letter clearly identified the creditor because it explicitly referenced “an outstanding medical invoice” and referred to “the above-referenced debt.” In ruling for the defense, the Court held that the collection letter “adequately identifies the current creditor under the least sophisticated consumer standard” and that the statements in the letter “would not mislead the least sophisticated consumer.”