Legal-Related Language in Collection Letters, and How N.D. Illinois Can’t Make Up Its Mind

There have been several court decisions to come down the pipeline regarding legal-related language and disclosures in collection letters. For example, the Southern District of New York recently dismissed a complaint where the crux was letter language that stated, "[Creditor] will send your account to an attorney for possible legal action" if a payment arrangement is not made. Even the Northern District of Illinois (N.D. Ill.) granted summary judgment for a debt collector whose letter stated “If the Account goes to an attorney, our flexible options may no longer be available.” However, it sounds like early dismissal of such cases—as we saw in New York—might not be as easy in N.D. Ill. 

Editor’s Note: Want a full rundown of how the courts ruled on the issue of threats of litigation, with concise summaries of the decisions? Check out the iA Case Law Tracker

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