Hooks v. Forman, Holt, Eliades & Ravin, LLC, No. 12-3639 (2d Cir. 2013)
Annotate this CasePlaintiffs brought suit against Forman Holt, a debt collector within the meaning of 15 U.S.C. 1692a(6), alleging a violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692g. Plaintiffs alleged that Forman Holt's collection notice violated the FDCPA by stating that plaintiffs could only dispute the validity of a debt in writing. The district court granted Forman Holt's motion to dismiss, concluding that plaintiffs had failed to state a claim. The court vacated and remanded, concluding that section 1692g(a)(3) did not impose a writing requirement that required the consumer debtor to notify the debt collector in writing in order to dispute the validity of the debt.
The court issued a subsequent related opinion or order on June 11, 2013.
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