Given that statutory requirement, was the FDCPA violated by the italicized sentences in the collection letter? Explain.

DeSantis sued a debt collection agency, Computer Credit. DeSantis apparently owed $319.50 to Dr. Jeffrey A. Stahl, who assigned the debt to CC for collection. On April 27, 2000, CC sent the following collection letter to DeSantis: This notice will serve to inform you that your overdue balance with Dr. Jeffrey A. Stahl has been referred to Computer Credit, Inc., a debt collector. [The] doctor insists on payment or a valid reason for your failure to make payment. The law prohibits us from collecting any amount greater than the obligation stated above. Unless you notify us to the contrary, we will assume the amount due is correct. This communication is sent to you in an attempt to collect this debt. Any information obtained will be used for that purpose. In the absence of a valid reason for your failure to make payment, pay the above debt or contact the doctor to settle this matter. Payment can be sent directly to the doctor. [Italics added.] The Fair Debt Collection Practices Act specifies that the consumer may dispute the alleged debt, in which case the debt collector must desist from collection until the debt collector obtains verification regarding the amount of the debt, if any. Given that statutory requirement, was the FDCPA violated by the italicized sentences in the collection letter? Explain. See DeSantis v. Computer Credit, Inc., 269 F.3d 159 (2d Cir. 2001).


 

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