The United States Court of Appeals for the Sixth Circuit has joined the split from holdings by the Fifth and Eighth Circuits regarding a "benign language" exception for debt collection letters. The Sixth Circuit instead joined with the Seventh Circuit in holding that the Fair Debt Collection Practices Act ("FDCPA") does not contain a "benign language" exception to the requirement that the envelope for a debt collection letter contain no language other than that necessary to facilitate mail delivery. Donovan v. FirstCredit Inc.
Circuits Split on Benign Language Exception for Debt Collection Envelopes
The United States Court of Appeals for the Seventh Circuit has split from holdings by the Fifth and Eighth Circuits in holding that the Fair Debt Collection Practices Act ("FDCPA") does not contain a "benign language" exception to the requirement that the envelope for a debt collection letter contain no language other than the debt collector's address. Preston v. Midland Credit Management, Inc.
