The “hypothetical least sophisticated consumer”

January 12, 2012

  • 29T Antitrust and Trade Regulation
  • 29TIII Statutory Unfair Trade Practices and Consumer Protection
  • 29TIII(C) Particular Subjects and Regulations
  • 29Tk210 Debt Collection
  • 29Tk214 k. Communications, Representations, and Notices; Debtor’s Response.

29T Antitrust and Trade RegulationIn determining whether collection activities or communications within the thirty-day validation period for a debt overshadow or are inconsistent with a validation notice, in violation of Fair Debt Collection Practices Act (FDCPA), the hypothetical least sophisticated consumer does not have the astuteness of a Philadelphia lawyer or even the sophistication of the average, everyday, common consumer, but is neither irrational nor a dolt.
Ellis v. Solomon & Solomon, P.C., 591 F.3d 130 (2d Cir. 2010)
Suggested by John Wesley Hall, Attorney; John Wesley Hall Jr. PC; Little Rock, AR; Author, West’s® Trial Handbook for Arkansas Lawyers