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FDCPA Decision of the Day: Attorney’s Letterhead, Alone, Not a Threat to Sue

In today’s FDCPA Decision of the Day, a United States District Court for the District of New © SeanPavonePhoto - Fotolia.comJersey held that an attorney’s letterhead, standing alone, is not an implied threat of litigation.

The Plaintiff, a New Jersey resident, claimed that the defendant, a Georgia law firm, violated section 1692e(5) of the FDCPA (prohibiting “[a] threat to take any action that cannot legally be taken or that is not intended to be taken”) when it sent him a dunning letter. The basis for the claim was that the Georgia law firm could not file a lawsuit because none of its attorneys were licensed in New Jersey.

“It is well settled among District Courts that the mere sending of a letter by an attorney does not constitute a threat of litigation,” the court concluded in dismissing the complaint.

The decision is available below.

Download (PDF, 364KB)

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