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Brown v. Card Service Center

464 F.3d 450 (3d Cir. 2006)

Flitter Milz challenged a debt collector's statement that the client's case "could be referred for suit" when they never sue. The lower federal court held that "could" was truthful, since the matter could be sent for a collection suit against the consumer. On appeal, the Court reversed, finding that even if technically true, it was still deceptive for the collector to suggest that suit might be coming when it would not be.  This first-of-its-kind decision in the 3d Circuit has become important precedent for pro-consumer limitations on debt collectors and has since been cited hundreds of times by other courts.  The landmark case became featured in a story by Time Magazine, Sue Up or Shut Up!

See Court opinion

To learn more about the Fair Debt Collection Practices Act: Unfair Debt Collection 

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The information contained in this website is general information for the public. The website also contains links to other websites and publications. These links and references are there for your convenience. The information provided on this website is intended to be correct, complete and up-to-date. However, it is not intended to be construed as legal advice. The reader should not assume that communication with our office constitutes an attorney-client relationship. Submission of information via this website does not create an attorney-client relationship with this firm. Also note that email messages are not necessarily secure and private. Flitter Milz, P.C. is a licensed firm in the states of Pennsylvania, New Jersey and New York.

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We at Flitter Milz, P.C., hope that you and your loved ones remain healthy and safe throughout this difficult time. We want you to know that our firm is open to serve your legal needs. Our staff is available by phone, email, or video conference. Please feel free to call with any questions or specific concerns.

Take care and be safe.
Cary Flitter & Andy Milz
Toll Free: 888-668-1225
Email: consumers@ConsumersLaw.com