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.
Argued: November 20, 2009
Decided: January 13, 2010
Opinion by Judge Crotty
JoAnne S. Faulkner, New Haven, CT