Jessica Copeland and Riane Lafferty Important Reminders From the WDNY on Preservation of Evidence, Clear and Conspicuous Consumer Contract Language, and the Fair Debt Collection Practices Act (FDCPA)
'Richard' provides a good refresher on the importance of preserving documentary evidence and the different standards surrounding preservation of documentary evidence, as compared to ESI. 'Schafer' includes an interesting discussion of what constitutes sufficiently clear and conspicuous language in a consumer contract. 'Braun' provides guidance on a law firm's obligations under the Fair Debt Collection Practices Act.
January 28, 2022 at 12:45 PM
10 minute read
In this quarter's column we discuss three cases with some important reminders for practitioners. The first case, Richard v. Dignean, No. 6:11-CV-06013 EAW, 2021 WL 5782106 (W.D.N.Y. Dec. 7, 2021), provides a good refresher on the importance of preserving documentary evidence and the different standards surrounding preservation of documentary evidence, as compared to electronically stored information (ESI). The second case, Schafer v. Direct Energy Services, No. 19-CV-6907-FPG, 2021 WL 5851189 (W.D.N.Y. Dec. 9, 2021), includes an interesting discussion of what constitutes sufficiently clear and conspicuous language in a consumer contract. Lastly, Braun v. Relin, Goldstein & Crane, No. 21-CV-6071 (CJS), 2021 WL 5054288 (W.D.N.Y. Nov. 11, 2021), provides guidance on a law firm's obligations under the Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq., when collecting debts on behalf of clients.
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