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Consumer Law Keyed to Pridgen, 5th Ed.
Clomon v. Jackson
Citation:
988 F.2d 1314 (1993)Facts
Philip D. Jackson was employed part-time as general counsel for NCB Collection Services, earning approximately $24,000 annually. NCB collected debts for American Family Publishers through a computerized mass-mailing system that sent approximately one million collection letters per year. The system automatically generated form letters containing individual debtor information without any employee review until debtors responded. Christ Clomon received six collection letters regarding a $9.42 debt, five of which bore Jackson’s letterhead, name, and facsimile signature. The letters contained threatening language suggesting attorney involvement, stating Jackson had “scheduled” accounts for review, was “suggesting” collection measures, and had “told” the client about lawful collection activities. Jackson never reviewed Clomon’s file, never signed any letter sent to her, never gave advice about her case, and had no knowledge of her identity before the lawsuit. Jackson approved only the form letters and procedures but had no day-to-day involvement in the debt collection process.
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