2nd Circ. Revives FDCPA Suit Over Student Loan Letters

Law360, New York (August 30, 2012, 3:32 PM EDT) -- The Second Circuit on Thursday revived a class action against a collection company accused of sending misleading letters regarding student loan obligations in violation of the Fair Debt Collection Practices Act, saying the lower court had erred in ruling the letters weren't inaccurate.

The appeals court found that by sending a letter incorrectly informing plaintiff Berlincia Easterling that her student loan debt wasn't eligible for bankruptcy discharge, Collecto Inc. had violated the FDCPA’s prohibition against providing deceptive or misleading information in connection with the collection of...
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