The United States Court of Appeals for the Second Circuit affirmed the dismissal of a class action lawsuit against Gallardo Levin Reiter & Rogers‘ client, a New York City law firm. The plaintiff alleged that Gallardo Levin Reiter & Rogers‘ client, in the course of representing property owners, violated the Fair Debt Collection Practices Act in communicating with tenants regarding rent arrears. Plaintiff alleged that the firm did not provide a verbatim statement of the validation notice required by the statute. The Second Circuit agreed with Gallardo Levin Reiter & Rogers‘ argument that a verbatim recitation of the validation notice is preferable, but not required, and that the law firm’s communication implicitly conveyed the information required to be conveyed by the FDCPA. The decision was particularly important because it represents the first time that the Second Circuit applied its holding in Emanuel v. American Credit Exchange, 870 F.2d 805 (2d Cir. 1989) to a claim under 15 U.S.C. § 1692g. The case was handled by Gallardo Levin Reiter & Rogers Partner Matt Flanagan and Associate Jenna Fierstein.
Sophisticated Defense Strategies For New York Trial And Appellate Matters