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Are you one of the millions of people that have to drive to work every day? If so, you may have something like a Sunpass in your vehicle to pay tolls. For those that may have unpaid tolls, they may be curious as to whether these tolls qualify as a debt. A recent ruling by a U.S. Court of Appeals reveals some potentially surprising news.

The U.S. Court of Appeals for the 3rd Circuit has determined that under the FDCPA, these unpaid highway tolls do not fall under the category of “debt”. As to the reasons, these tolls are not considered transactions being utilized for “personal, family, or household” purpose. The ruling came as a result of a case involving a delinquent unpaid toll account. A debt collection agency sent the consumer a notice which contained account information that could be viewed on the envelope used to send the notice. As a result, the consumer filed a lawsuit alleging an FDCPA violation. While a lower court agreed that the consumer had a valid reason to initiate the claim, the action was ultimately dismissed because the unpaid highway tolls did not meet the FDCPA’s definition of a debt.

To read more about the case, please visit https://www.lexology.com/library/detail.aspx?g=2a7d1143-e33f-46f0-8c09-33f01318044c.

This update is by Abril Law, a law firm comprised of attorneys Jorge M. Abril and Sinead Baldwin. Our services include healthcare reimbursement, commercial litigation, and more. If you have any questions or wish to schedule an appointment with a collection attorney Miami, please call 305-373-0901 to speak with one of our attorneys. We look forward to working with you.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.

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