Tag: overstatement

4th Circuit- Conteh v. Shamrock Community Association- FDCPA Violation for Overstatement of Amount Owed

Summary:

Conteh brought suit against Shamrock and its attorney for filing a writ of execution that overstated the amount owed. The actual judgment balance was $1,583.96, but the writ of execution asserted that Conteh owed $1,748.98.

Following Powell v. Palisades Acquisition, 782 F. 3d 119 (4th Cir. 2014) the Court of Appeal reiterated that Conteh’s actual response was not the relevant standard, but instead how “the least sophisticated consumer” would have understood the overstatement. While an overstatement cannot be de minimus, a 10.4% error was sufficient.

For a copy of the opinion, please see:

Conteh v. Shamrock Community Association- FDCPA Violation for Overstatement of Amount Owed Read More

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