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Sharon M. Porcellio Sharon M. Porcellio

Pertinent to the financial distress facing many as the result of COVID-19, this column will address a case from the fair debt collection arena: Kurzdorfer v. Constar Financial Services, No. 19-CV-6430L, 2020 U.S. Dist. LEXIS 178015 (W.D.N.Y. Sep. 28, 2020). In Kurzdorfer, U.S. Senior District Judge David G. Larimer considered whether a debt collector could issue two collection letters within one 30-day period or if this course of action was inherently false, confusing and/or misleading to a debtor. In his decision, he also considered whether that behavior by a debt collector was a proper expansion of the baseline rights provided to a debtor under the Fair Debt Collection Practices Act (FDCPA). In answering these questions, he reinforced an existing body of case law and dismissed the findings of an outlier case from in the Eastern District of Wisconsin, therefore not controlling in Second Circuit.

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