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Eleventh Circuit: No Express Threat Required

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.