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Posts tagged as “Attorney Letterhead”

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 Jersey 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…