January 21, 2010

By: Shaun Ertischek, Esq.

The Second Circuit recently affirmed a decision from the District of Connecticut (Ellis v. Solomon & Solomon, P.C., Docket No. 09-1247-cv) holding that a debt collector who serves a consumer with a lawsuit during the thirty-day validation period must include a notice stating that the commencement of the lawsuit does not affect the rights set forth in the validation notice.  Failing to provide such information would cause the lawsuit to overshadow the validation notice (which states the consumer’s right to dispute the debt and to obtain verification of the debt within the prescribed thirty-day period) in violation of the Fair Debt Collection Practices Act.

In short, if you are served with a lawsuit within thirty days of receiving an initial collection letter trying to collect that debt, then it is likely that the debt collector is violating the FDCPA.