Northern District of NY Agrees with Debt Collector: Pre-Judgment Interest Does Not Trigger Avila Disclosure Requirements

The far-fetched “reverse Avila” claims continue to crumble in New York district courts. On November 15, 2017, Judge McAvoy of the Northern District of New York dismissed a reverse Avila claim, which alleged that the Avila disclosure was required on a letter due to pre-judgment interest that may accrue on the account as prescribed N.Y. C.P.L.R. § 5001.  The case is Altieri v. Overton, Russell, Doerr, and Donovan, LLP (2017 WL 5508372). 

You can read the decision here.

Note: The decision also contains a discussion on a separate claim, but this summary discusses only the reverse Avila claim. 

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