Sending Second Validation Notice Within 30-Day Validation Window May Confuse Consumers, According to Eastern District of Wisconsin

The Eastern District of Wisconsin recently reviewed whether a second validation notice sent within the 30-day validation window of the previous notice has the potential to confuse consumers. In Maloney et al. v. Alliance Collection Agencies, Inc., No. 17-CV-1610 (E.D. Wis. Nov. 6, 2018), the court said yes.

Factual and Procedural Background

The plaintiffs in these case both received two validation letters from Alliance Collection Agencies, Inc. (defendant). The first letter identified the debts owed by the plaintiffs and followed the statutory language to inform the plaintiffs of their validation rights. For each plaintiff, defendant sent a second validation notice within thirty days of sending the first. The second notice included the validation rights language and information about the debts listed in the first notice, but the second notice also listed additional debts owed by the respective plaintiff.

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