Jones, Wolf & Kapasi, LLC Defeats Motion to Dismiss In FDCPA Case Involving Collection Letter Sent to Estate Instead of Executor

             Jones, Wolf & Kapasi, LLC defeated a motion dismiss in the United States District Court For the District of New Jersey related to class action allegations that Greenspoon Marder, LLP, a nationwide law firm, with over 200 attorneys, that includes a collections, and trusts and estates, department, violated 15 U.S.C. 1692 et seq., the Fair Debt Collection Practices Act (“FDCPA”).

             Specifically, the New Jersey federal court decided that Plaintiff sufficiently pleaded Greenspoon Marder sent a debt collection letter which: (1) was wrongly addressed to a decedent’s estate instead of the executor, (2) included misleading language that indicates the reader could be responsible for the debt instead of the decedent’s estate, and (3) included other confusing language that conflicts with Plaintiff’s validation notice rights under the FDCPA.

             The case is Kimma Rock as Executrix of the Estate of Isabel Schick, et al. v. Greenspoon Marder, LLP, Civil Action No. 20-cv-3522 (D. New Jersey January 26, 2021) and the Opinion can be read here.

             For more information about Jones, Wolf & Kapasi, LLC, you are invited to connect with us at: legaljones.com or @JonesWolfKapasi.