Tavernaro v. Pioneer Credit Recovery, No. 20-3219 (10th Cir. 2022)Annotate this Case
Pioneer Credit Recovery, Inc. sent plaintiff-appellant Jason Tavernaro a letter attempting to collect a student loan debt. A district court dismissed plaintiff’s complaint filed under the Fair Debt Collection Practices Act (FDCPA) for failing to state a claim because the alleged facts were insufficient to establish Pioneer used materially misleading, unfair or unconscionable means to collect the debt. To this, the Tenth Circuit Court of Appeals affirmed: violations of the FDCPA is determined through the perspective of a reasonable consumer, and Pioneer’s letter was not materially misleading.