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AVILA v. RIEXINGER & ASSOCIATES, LLC

Docket Nos. 15-1584 (L), 15-1597.

817 F.3d 72 (2016)

Annmarie AVILA, an individual; on behalf of herself and all others similarly situated, Sara Elrod, an individual; on behalf of herself and all others similarly situated, Plaintiffs-Appellants, v. RIEXINGER & ASSOCIATES, LLC, a Georgia Limited Liability Company, Crown Asset Management, LLC, a Georgia Limited Liability Company, Stephen P. Riexinger, an individual and in his official capacity, John and Jane Does, Numbers 1 Through 25, Bureaus Investment Group Portfolio No. 15, LLC, an Illinois Limited Liability Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 22, 2016.

Attorney(s) appearing for the Case

Philip D. Stern ( Andrew T. Thomasson , on the brief), Stern Thomasson LLP, Union, NJ, for Plaintiffs-Appellants.

William G. Ballaine ( Jennifer Ramme , on the brief), Landman Corsi Ballaine & Ford P.C., New York, NY, for Defendants-Appellees.

Before: CALABRESI, POOLER, and LYNCH, Circuit Judges.

The Fair Debt Collection Practices Act ("FDCPA") prohibits debt collectors from using "any false, deceptive, or misleading representation or means in connection with the collection of any debt." 15 U.S.C. § 1692e. The question presented is whether a collection notice that states a consumer's "current balance," but does...

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