Eleventh Circuit Rules that Express Threat of Litigation Not Required to Implicate FDCPA

On April 5, 2019, in Holzman v. Malcom S. Gerald & Assocs., Inc., 2019 WL 1495642, the Eleventh Circuit held that an express threat of litigation is not required to state a claim under the Fair Debt Collection Practices Act so long as an implicit threat can be reasonably inferred from the communication. The plaintiff claimed that a debt buyer and a debt collection law firm violated the FDCPA by (1) sending a collection letter that did not disclose that the debt was barred by the statute of limitations in violation of § 1692e prohibition of misleading or deceptive communications, and by (2) attempting to collect a debt on which the statute of limitations had run in violation of § 1692f prohibition of unfair or unconscionable conduct. The district court dismissed both claims for failure to state a claim, and the plaintiff appealed. The Eleventh Circuit reversed the district court as to the first claim but affirmed it as to the second claim. Although it comes at the…

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