The Slow Demise of Recent Collection Letter Overshadowing Claims

Agencies that collect debts in New York and New Jersey are likely no strangers to the law firm Barshay Sanders PLLC and their recent frequently-filed claim that the format of a collection letter—font size, location of the notice of validation rights, the use or lack of transitional language—overshadows the consumer's validation rights under the Fair Debt Collection Practices Act (FDCPA). The courts have been ruling on these claims over recent months, and there seems to be a consensus: the claim fails. 

Statistics of the Letter Format/Overshadowing Claim

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