New Jersey District Court Rules in Favor of Debt Collector

A New Jersey District Court recently ruled in favor of a debt collector and dismissed the consumer’s FDCPA claims.  In Montgomery v. Trident Asset Management, C.A. No. 15-6617, the collection agency sent two collection letters eleven days apart which both contained a thirty day validation notice.  The consumer filed suit alleging that the second letter overshadowed the validation notice in the first letter and therefore violated Section 1692g.  The consumer contended that the two letters left her uncertain as to her thirty day option to effectively dispute the debt.  The collection agency disagreed contending that if anything, the second letter provided the consumer with additional rights.  On dispositive motions, the court agreed with the collection agency holding that “nothing in the FDCPA prohibits a debt collector from giving a debtor more than the requisite 30-day validation period.”