Gburek v. Litton Loan Servicing LP

Dist. Ct. erred in dismissing plaintiff-debtor's action alleging that letter by defendant-servicer of mortgage offering to discuss ways plaintiff could avoid foreclosure on her home and asking her for financial information violated Fair Debt Collection Practices Act, where Dist. Ct. found that said letter did not fall within scope of FDCPA because it did not contain specific demand for payment. Instant letter was covered under FDCPA in spite of lack of specific demand for payment where plaintiff was in default status at time letter was sent and text of letter constituted inducement for plaintiff to settle her mortgage-loan debt in order to avoid foreclosure.