Ellis v. Solomon and Solomon, P.C.

591 F.3d 130 (2010)

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Ellis v. Solomon and Solomon, P.C.

United States Court of Appeals for the Second Circuit
591 F.3d 130 (2010)

AR

Facts

Solomon and Solomon, P.C. (defendant) sent notice to Ellis (plaintiff) in an attempt to collect Ellis’s credit card debt. The notice included a validation notice as required by the Fair Debt Collection Practices Act, noting that Ellis had 30 days to dispute the debt. Two weeks later, Solomon served Ellis with notice that she was being sued. Solomon never told Ellis anything regarding the effect of the lawsuit on the validation notice. Ellis never disputed the debt. Ellis sued, arguing that Solomon’s lawsuit during the validation period violated the act because it incorrectly suggested that Ellis had lost her right to challenge the debt before the 30-day validation period was up. The court ruled in Ellis’s favor, and Solomon appealed.

Rule of Law

Issue

Holding and Reasoning (Crotty, J.)

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