In so doing, the Seventh Circuit observed that the collection letter in this case contained no terms that imposed a deadline contradicting the debtor's right to the thirty-day validation period or any terms that were "tantamount to a request for payment." The Court thus ruled that the language urging the debtor to take immediate action and that the creditor could pursue legal action was "at worst" puffery, that is, "rhetoric designed to create a mood rather than to convey concrete information or misinformation." The Court stated "[e]ven the most unsophisticated debtor would realize that debt collectors wish to expedite payment, and urging [the debtor] to hurry does not confuse or undermine the right to [the] validation period."
Ralph T. Wutscher
McGinnis Tessitore Wutscher LLP
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