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Episode 9 – The Third Circuit Court of Appeals issues new ruling on the (FDCPA) Fair Debt Collection Practices Act and the Least Sophisticated Consumer Standard.

Adam Deutsch, Esq.

Adam Deutsch, Esq.

The Third Circuit Court of Appeals issues new ruling on the Fair Debt Collection Practices Act (FDCPA) and the Least Sophisticated Consumer Standard.

In episode 9 of the FCRT Adam Deutsch discusses the June 30, 2015 Third Circuit Court of Appeals decision in Jensen v. Pressler & Pressler.  The Court adopted a “materiality” test for determining when a debt collection communication is false, deceptive and/or misleading under the Fair Debt Collection Practices Act, (FDCPA).  The ruling is narrow and does not change the existing least sophisticated consumer standard in any significant way, however it does leave some questions unanswered.

Link for the podcast to the case Jensen v. Pressler & Pressler  http://www2.ca3.uscourts.gov/opinarch/142808p.pdf

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Adam Deutsch

Adam Deutsch

Senior Associate Attorney at Denbeaux and Denbeaux
ADAM DEUTSCH is a Senior Associate Attorney at Denbeaux & Denbeaux currently concentrating his practice on consumer rights litigation. More specifically, Mr. Deutsch represents consumer debtors in plaintiff suits seeking relief under federal statutes including the Fair Debt Collection Practices Act, Real Estate Settlement Procedures Act, Truth in Lending Act, Fair Credit Reporting Act and state statutes such as the New Jersey Consumer Fraud Act.