Paul R Niehaus

Paul R Niehaus

May 10, 2018 | New York Law Journal

When Fair Is Foul: The Confusing State of FDCPA Guidance in the Second Circuit

Recent developments in the Second Circuit's interpretation of the Fair Debt Collections Practices Act have undermined the security of the safe harbor previously established by the court, and have created a situation whereby almost any debt collection letter is susceptible to claims that it violates FDCPA. Fortunately, the Second Circuit has ample opportunity to rectify the current situation and provide clear rules for all parties.

By Paul R. Niehaus and Emily B. Kirsch

8 minute read