Eastern District of New York Holds that Reference to the Possibility of Reviewing Legal Options Is Not an Empty Threat Under the FDCPA

In Mikhael v. Credit Corp Solutions, Inc., the Eastern District of New York held that a letter alluding to the possibility of referring an account to an attorney for review does not constitute a threat to take imminent action that “cannot legally be taken or that was not intended to be taken” under the FDCPA. Thus, Mikhael had failed to state a claim upon which relief may be granted, and her complaint was dismissed....
By: Troutman Pepper

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