When attempting to collect time-barred debts, law firms often send standard letters which merely omit an express threat to sue. Earlier this month, the Eleventh Circuit held a least sophisticated consumer might view such a letter as an implicit threat to sue and, therefore, the letter might violate the FDCPA. The Court reasoned it would be easy to include language to the effect, “Because of the age of your debt, . . . we will not sue you for it,” and noted that the debt collector had actually started using that exact language in its own letters. Balch’s Austin Alexander and Jason Tompkins provide an in-depth analysis of the Eleventh Circuit’s holding on the Past Due blog.

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Photo of Steven C. Corhern Steven C. Corhern

Steven is an associate in Balch & Bingham’s Birmingham office. Steven’s practice focuses on complex litigation. He has practiced in both state in federal courts across the southeast and at the trial and appellate levels. He has represented lenders in a variety of contexts, including the Truth-in-Lending Act, Telephone Consumer Protection Act (TCPA), Real Estate Settlement Procedures Act (RESPA), and other federal statutes and regulations. Before joining Balch & Bingham, Steven clerked for the Hon. Emmett R. Cox of the Eleventh Circuit and for the Hon. Virginia Emerson Hopkins of the Northern District of Alabama.