FDCPA: 1692g Validations

• Armstrong v. The Rose Law Firm, P.A. - Summary Judgment Order - March 8, 2002 - Check collector must explicitly state the amount of the debt in its collections communications.  Combining the amount of the check with the statutory penalties is insufficient.  An unsophisticated consumer should not be required to subtract numbers to arrive at the amount of the debt.

• Bishop v. Global Payments Check Recovery Services, Inc. Civ. File No. 03-1018 (PAM/RLE) (D. Minn. 6/25/2003) Paul A. Magnuson, United States District Court Judge.  Class action case in which it Plaintiff alleged that Defendant's letter violated § 1692g because it threatened penalties unless the consumer pays the debt within 30 days from the date of the letter stated a claim because Section 1692g allows consumers 30 days from receipt of the letter to notify the debt collector that there is a dispute regarding the debt.  The difference in dates might confuse the unsophisticated consumer whom the FDCPA is meant to protect.  Plaintiff also sought a declaration that the letter in question violates the FDCPA, but the Court dismissed this count finding that declaratory relief was not available under the FDCPA.