Who is the ‘Least Sophisticated Consumer’?
Richmond partner David Anthony and staff attorney Kenneth Stout had their article – “Who is the ‘Least Sophisticated Consumer’?” – published in the January edition of ACA International’s Collector magazine.
The article examines five key points for Fair Debt Collection Practices Act practitioners in describing the standard for debt collectors to deal with consumers: the bar is set low; but not ‘bizarrely’ low; the least sophisticated consumer standard preserves a ‘quotient of reasonableness’; any violation of this standard must be material, according to some circuits; and it goes by another name in two circuits.’
“The ‘least sophisticated consumer’ standard is a foundational concept in any FDCPA practice. The standard’s fluidity and lack of precision spur a large volume of lawsuits on this issue,” David and Kenneth state.
“Courts will continue to apply the unique facts to the standard, while holding consumers to some minimum level of sophistication and understanding.”