Carall v. The CBE Group, Inc.

Carall v. The CBE Group, Inc. (Eastern District, New York – June 18, 2018) – Case No. 2:17-cv-03678-SJF-ARL. Plaintiff, through consumer law firm Barshay Sanders, PLLC, alleged our client violated the FDCPA by mailing Plaintiff a collection letter for a debt which included “Collection Fees” without including information allowing Plaintiff and the least sophisticated consumer to determine what she “will need to pay to resolve the debt at any given moment in the future,” “the amount of collection fees during any measurable period,” or an explanation of “whether collection fees are accruing.” Judge Sandra J. Feuerstein dismissed this “reverse-Avila” case and entered judgment in favor of our client finding “the Collection Letter is not open to more than one reasonable interpretation and, therefore, is not misleading.” Moreover, the Court found “the present Collection Letter is complete” as it contains “a static Total Amount Due… [and] there is nothing in the Collection Letter indicating that the Collection Fee will cause the Total Amount Due to increase… [as such,] there is nothing triggering Defendant’s obligation to explain the Collection Fee.”

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