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

Paul R. Niehaus and Emily B. Kirsch
New York Law Journal, May 11, 2018

Recent developments in the Second Circuit’s interpretation of the Fair Debt Collections Practices Act (FDCPA) 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.