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Showing 2 posts in New Jersey.

Read Before You Leap: Providing Telephone Number To Communicate With Collector Does Not Overshadow Validation Rights

The New Jersey federal court has rejected a claim that providing a debtor with a telephone number and other options to communicate with a collector does not overshadow required language that the debtor must dispute the debt in writing within thirty days. The court found that the validation language concerning a consumer's right to dispute the debt under the Fair Debt Collection Practices Act (FDCPA) must be construed by considering as a whole the letter to the debtor. More ›

Forgiveness of Debt Can Prove Unforgiving, But a New Federal Court Decision Gives Cause for Optimism

A federal court in New Jersey recently dismissed a putative class action filed under the Fair Debt Collection Practices Act, which had argued that it was deceptive conduct for a debt collector to inform the debtor that forgiveness of debt, in some circumstances, may be reportable to the Internal Revenue Service. The specific language included in the debt collector's letter was as follows: "We will report forgiveness of debt as required by the IRS regulations. Reporting is not required every time a debt is canceled or settled, and might not be required in your case." More ›

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