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Clomon v. Jackson
United States Court of Appeals for the Second Circuit
988 F.2d 1314 (1993)
Philip D. Jackson (defendant) was an attorney who worked part-time as the general counsel of NCB Collection Services (NCB), a collection agency. NCB used a mass-mailing system to send debt-collection letters to a million people each year. The mass-mailing system imported debtor information from databases and printed letters without any NCB employees reviewing the letters or the files of the debtors. The letterhead and signature lines of the letters included Jackson’s name and position as NCB’s general counsel and contained statements indicating that Jackson had made decisions specifically related to the recipient’s case. Jackson approved the form letters sent by NCB but did not actually review any debtor files or approve or sign any letters. Christ Clomon (plaintiff) received a series of letters from NCB seeking payment for a debt of $9.42. Clomon filed a lawsuit against Jackson in federal district court, alleging that Jackson had violated the Fair Debt Collection Practices Act (FDCPA) by authorizing NCB to send the form letters that falsely indicated that Jackson was personally involved in each debt-collection case. Jackson defended his actions, claiming that the letters were accurate because he was an attorney and did send the letters. The district court held that Jackson had violated the FDCPA and awarded Clomon additional damages of $1,000. Jackson appealed.
Rule of Law
Holding and Reasoning (Cabranes, J.)
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