Janetos v. Fulton Friedman & Gullace, LLP

Dist. Ct. erred in granting defendants’ motion for summary judgment in plaintiff-debtor’s action under section 1692g(a)(2) of Fair Debt Collective Practice Act, alleging that defendants improperly failed to disclose identity of actual creditor in either its initial communication with plaintiff or in written notice sent within next five days. While Dist. Ct. properly found that language in instant dunning letter was ambiguous as to identify of current creditor, it erred in finding that any ambiguity was immaterial, since failure to clearly identify current creditor constitutes violation of section 1692g(a)(2) without need of plaintiff to prove additional materiality element or having to present extrinsic evidence of consumer confusion.