False Representation Must be Material to Violate FDCPA, Eighth Circuit Rules


The U.S. Court of Appeals for the Eighth Circuit recently ruled that a debtor must show that a debt collector’s alleged false representation was material for it to be a “false, deceptive, or misleading representation” in violation of the Fair Debt Collection Practices Act (FDCPA). In applying a materiality standard to alleged violations of FDCPA Section 1692e, the Eighth Circuit joined the U.S. Courts of Appeal for the Third, Fourth, Sixth, Seventh, and Ninth Circuits.