Jensen v. Pressler & Pressler

Jensen defaulted on a credit card. Her debt was sold to Midland, which retained the Pressler law firm for collection. Midland obtained a $5,965.82 default judgment and served an information subpoena and questions on Jensen. The information subpoena issued under New Jersey Rule 1:9-1, which allows attorneys to issue subpoenas in the name of the clerk of court, bearing the clerk’s signature, although the clerk did not sign the subpoena and likely is unaware of it. Pressler listed “Terrence Lee” on the clerk’s signature line. Lee had never worked as a court clerk; he had been County Clerk, but left that position years earlier. Jensen knew Lee was not clerk of the Superior Court. Jensen sent Pressler a letter, calling the subpoena “fraudulent,” but answered the subpoena questions. Jensen unsuccessfully moved to vacate the state court judgment against her, then filed a putative federal class action against Pressler and Midland, alleging violation of Fair Debt Collection Practices Act, 15 U.S.C. 1692e., which prohibits making false, misleading, or deceptive statements in the collection of consumer debts. The Third Circuit affirmed summary judgment, finding that the misuse of Lee’s name was not a material false statement. A materiality requirement is subsumed within the “least sophisticated debtor” standard that governs FDCPA claims. View "Jensen v. Pressler & Pressler" on Justia Law