Dunning Notice May Give Rise to FDCPA Claim, Court Rules
May 29, 2012
The U.S. Court of Appeals for the 11th Circuit recently reversed and remanded a lower courts rejection of a Fair Debt Collections Practices Act claim, determining in Reese v. Ellis, Painter, Rattertree & Adams, LLP that the contents of a dunning notice from the lenders foreclosing law firm amount to an effort to collect a debt under the act. In this case, the borrowers, Izell and Raven Reese of Roswell, GA, purchased a piece of property in 2004 with the help of a $650,000 loan from Provident Funding Associates, LP. To get that loan, the Reeses signed a promissory note and...