E.D.N.Y.: Avila Safe Harbor Language Trumps Carlin/Balke Requirements Where Amount Due Clearly Stated

In two recent cases, the Eastern District of New York entered favorable decisions for the ARM industry regarding the Avila safe harbor language. In both cases, the court found no violation of the FDCPA where the Avila safe harbor language was used and the letter clearly stated the amount due on the date of the letter.

The two cases are Kolbasyuk v. Capital Management Services, LP, 17-CV-07499, 2018 WL 1785489 (E.D.N.Y. Apr. 4, 2018) and Timoshenko v. Mullooly, Jeffrey, Rooney & Flynn, LLP, 17-CV-4472, 2018 WL 1582220 (E.D.N.Y. Mar. 30, 2018). 

You can read the Kolbasyuk decision here and the Timoshenko decision here

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