Ryan Holz and Doug Sargent, both Partners in the Firm’s Chicago office, were quoted in an article examining the implications of the Pierre v. Midland Credit Management Inc. ruling for debt collectors. Sargent said this ruling emphasizes “debtors have the right to be advised of the possible negative consequences that could arise from making a payment, or promising to make a payment, on stale debt.”
As a result of the decision, Holz noted that debt collectors must watch the language they use in their correspondence: “Specifically, the court held it was misleading and a violation of the FDCPA for Midland Credit to write that it 'will not' sue on debt when the statute of limitations dictates that it 'cannot' sue on that debt. Debt collectors should immediately review their communications and make sure that anything they cannot legally do, (such as) sue to collect a stale debt, is expressed using 'cannot' rather than 'will not.'”
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