Ellis v. Solomon & Solomon, P.C., No. 09-1247 - U.S. Second Circuit
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Ellis v. Solomon & Solomon, P.C., No. 09-1247

In a Fair Debt Collection Practices Act (FDCPA) action claiming that defendant law firm violated the FDCPA by personally serving plaintiff with a summons and complaint during the FDCPA thirty-day validation period, without explaining that commencement of the lawsuit did not affect the rights set forth in the validation notice, summary judgment for plaintiff is affirmed where service of process during the validation period must, at a minimum, be preceded or accompanied by notice to the consumer clarifying that the lawsuit does not in any way alter the information contained in the validation notice.

Read Ellis v. Solomon & Solomon, P.C., No. 09-1247

Appellate Information

Argued: November 20, 2009

Decided: January 13, 2010

Judges

Opinion by Judge Crotty

Counsel

For Appellants:

Jonathan Elliot, Zeldes, Needle & Cooper, P.C., Bridgeport, CT

For Appellee:

JoAnne S. Faulkner, New Haven, CT