Jensen v. Pressler & Pressler – 3d
Cir. – June 30, 2015
OPINION OF THE COURT
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McKEE, Chief Judge.
We are asked to decide
whether a false statement in a communication from a debt collector to a debtor
must be material in order to be actionable under a provision of the Fair Debt
Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692e. We conclude that
materiality is required, as it is subsumed within the “least sophisticated
debtor” standard that has traditionally governed FDCPA claims. Because we do
not find the misstatement at issue in this case material, we will affirm the
District Court’s grant of summary judgment to Pressler & Pressler and
Midland Funding, LLC.
