Common Sense Prevails 3rd Circuit FDCPA Case

A favorable decision for the ARM industry was decided and published last week. The case, Jenson v. Pressler & Pressler and Midland Funding, LLC, 14-2808, 2015 WL 3953754, —F.3d— (3rd Cir., June 30, 2015) involved an incorrect statement in a post-judgment subpoena issued by the Pressler & Pressler law firm (the firm was representing Midland Funding in the collection action).

The plaintiffs alleged that the Pressler & Pressler law firm violated section 1692(e) of the Fair Debt Collection Practices Act (FDCPA) because the subpoena incorrectly stated the name of the Clerk of Court for the Superior Court. In bringing the action plaintiff relied on section 1692(e) of the FDCPA. Section 1692(e) prohibits the use of any “false, deceptive, or misleading representation or means in connection with the collection of any debt.”

The facts of the case were not in dispute.  The law firm sent a post-judgment subpoena to the consumer that incorrectly listed the name “Terrence Lee” as the Clerk of Court for the Superior Court in Warren County. Terrence Lee was not the Clerk of Court (and, in fact, never was the Clerk of Court). Plaintiff argued that use of the incorrect name was false and misleading and therefore a violation of the FDCPA.

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