Author: Eric Sherman

Eric Sherman

Eric regularly appears before federal and state courts and arbitration panels in matters relating to banking and financial services, corporate trusts, personal trusts and estates, securities and broker-dealer regulation, shareholder disputes, director and officer liability, health care, and complex business disputes.

View Full Bio on Dorsey

Damned If You Do: Second Circuit Rules That Language Included In RESPA-Required Notice Begets FDCPA Violation

The Fair Debt Collection Practices Act (“FDCPA”) provides that, if a “debt collector” makes an “initial communication with a consumer in connection with the collection of any debt,” the debt collector must provide the consumer with certain information, such as the amount of the debt, the name of the creditor, and the consumer’s right to dispute the debt. See 15 U.S.C. § 1692g(a). However, the statute does not elaborate on the meaning of the phrase “in connection with the collection of any debt.” The U.S. Court of Appeals for the Second Circuit recently flagged a Section 1692g(a) tripwire.