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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47169 Judge Baer A CHECK in the amount of $337 bearing the name and address of plaintiff was accepted by Bloomingdale’s for the purchase of merchandise. The check was returned by the bank unpaid and subsequently forwarded to defendant Equifax Risk Management Services. Defendant sent a letter to plaintiff demanding payment of $357, which includes $337 for the unpaid check and a $20 service charge. Plaintiff then mailed a letter to defendant, asserting that he had not written the check to Bloomingdale’s and that Bloomingdale’s had been defrauded. Plaintiff subsequently sued defendant and later moved for partial summary judgment on his claims under the Fair Debt Collection Practices Act. The instant court concluded, among other things, that the magistrate judge was correct to conclude that the failure to clarify whether the consumer could restore his check-writing privileges by any other means than payment would confuse the reasonable least-sophisticated consumer.

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