In Carlin v Davidson Fink LLP, the Second Circuit clarifies a number of issues concerning initial communications under the Fair Debt Collection Practices Act, including the required statement of the total amount due. First, a foreclosure complaint is not an “initial communication” under FDCPA, nor is a communication started by the debtor. Second, the inclusion of estimated expenses not yet incurred in the statement of the total amount due violates the FDCPA.
The Second Circuit’s opinion can be found here.
New York Appeals 