DeSantis v. Roz-Ber, Inc.’s Empirical Analysis

Citation profile

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Specifically, the words “IMMEDIATE ATTENTION,” followed by an exclamation mark raises significant concern. Moreover, the contested language implicitly threatens the debtor that if he does not either “(1) remit payment in full to this office or, (2) Contact the undersigned in person or by telephone and arrange settlement” he will not receive “cooperation” from the collection agency. Although ... a threat is not required for the contested language to overshadow or contradict the validation notice, the Court is of the view that the debt collection letter at issue is in fact threatening in nature. Indeed, who would not want the “cooperation” of a collection agency attempting to collect a debt? Recognizing this undeniable fact, the defendant has cleverly attempted to push the boundaries of a lawful collection letter, by using implicit, rather than explicit threats, by couching what is in essence a demand for immediate payment, with language that the defendant argues does not overshadow the debtor’s rights under section 1692g.”

   1 later decision quote this exact passage · from the majority
   e.g. 424 F. Supp. 2d 643 - Foti v. NCO Financial Systems, Inc.