Taubenfliegel v. Miller & Malone,
P.C., Case No. 1:18-cv-01884-ERK-JO (E.D.N.Y. Dec. 17,
2018)
Mound Cotton won summary judgment in favor of its client, Miller
& Malone, P.C., in an action alleging violation of the Fair
Debt Collection Practices Act. The FDCPA is a strict
liability statute that "generally forbids collectors from
engaging in unfair deceptive or harassing behavior" and
"establishes certain rights for consumers whose debts are
placed in the hands of professional debt collectors for
collection." Section 1692g(a)(2) of the FDCPA requires
that a written debt collection notice contain "the name of the
creditor to whom the debt is owed."
Plaintiff alleged that the debt collection letter issued by
defendant "[m]erely nam[es] the creditor without specifically
identifying the entity as the current creditor to whom the debt is
owed." In moving for summary judgment, defendant argued
that the creditor, which was a hospital, was
sufficiently identified as
