684 F. Supp. 2d 747 - Vitullo v. Mancini’s Empirical Analysis

Citation profile

3 district · 1 state decisions

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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “communications must be examined as whole, not sentence-by-sentence, because the least sophisticated consumer standard 'does not go so far as to provide solace to the willfully blind or non-observant. Even the least sophisticated debtor is bound to read collection notices in their entirety.' " Vitullo v. Mancini , 684 F.Supp.2d 747 , 756 (E.D. Va. 2010) (quoting Campuzano-Burgos v. Midland Credit Mgmt. , 550 F.3d 294 , 298-99 (3d Cir. 2008) ). Although the United States Court of Appeals for the Fourth Circuit ("Fourth Circuit”

   2 later decisions quote this exact passage · from the majority
   e.g. Kirkpatrick v. TJ Servs., Inc. · 2 F. Supp. 3d 813 - Fariasantos v. Rosenberg & Associates, LLC

2. “a quotient of reasonableness and presume[e] a basic level of understanding and willingness to read with care.”

   2 later decisions quote this exact passage · from the majority
   e.g. Kirkpatrick v. TJ Servs., Inc. · 929 F. Supp. 2d 569 - Yarney v. Ocwen Loan Servicing, LLC

3. “Section 1692g provides in relevant part: (a) Notice of debts; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing— (1)the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (b) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the ori”

   1 later decision quote this exact passage · from the majority
   e.g. 2 F. Supp. 3d 813 - Fariasantos v. Rosenberg & Associates, LLC