BLACK, Circuit Judge:
This case concerns an interpretation of §§ 1692g and 1692e of the Fair Debt Collection Practices Act (FDCPA). Section 1692g of the FDCPA requires a debt collector to provide a consumer with a notice of debt that contains:
15 U.S.C. § 1692g(a)(4) (emphasis added). This notice must be either contained in the "initial communication with a consumer" or provided within five days of such communication. Id. § 1692g(a).
On December 23, 2014, Appellees Ross Earle & Bonan, P.A., and Jacob Ensor (the Collectors) sent a debt-collection letter to the attorney of Appellant Connie Bishop.
On February 18, 2015, Bishop filed a complaint against the Collectors under the FDCPA. She alleged that the letter violated § 1692g of the FDCPA by failing to notify her of the "in writing" requirement. She also alleged that omitting the "in writing" requirement violated § 1692e, which prohibits using "false representation or deceptive means to collect or attempt to collect any debt." Id. § 1692e(10). The district court dismissed the complaint with prejudice for failure to state a claim. See Fed.R.Civ.P. 12(b)(6). Bishop appeals.
We review de novo the grant of a motion to dismiss for failure to state a claim. Miljkovic v. Shafritz & Dinkin, P.A., 791 F.3d 1291, 1296-97 (11th Cir. 2015). We accept "the allegations in the complaint as true and constru[e] them in the light most favorable to the plaintiff." Hill v. White, 321 F.3d 1334, 1335 (11th Cir.2003). However, "conclusory allegations... are not entitled to an assumption of truth — legal conclusions must be supported by factual allegations." Randall v. Scott, 610 F.3d 701, 709-10 (11th Cir.2010). To survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face," meaning it must contain "factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).
The FDCPA was enacted in the context of existing Federal Trade Commission (FTC) regulation of unfair and deceptive debt-collection practices. Jeter v. Credit Bureau, Inc., 760 F.2d 1168, 1172-75 (11th Cir.1985). Despite existing regulation,
Congress set out to correct these problems by supplementing and expanding upon existing debt-collection regulations. Jeter, 760 F.2d at 1174. The declared purpose of the FDCPA is "to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses." 15 U.S.C. § 1692(e). To advance these goals, the FDCPA codified several specific consumer-protective rights, including the rights set forth in § 1692g. Jeter, 760 F.2d at 1174 n. 5. Most significantly, the FDCPA gave consumers a private right of action to enforce its provisions against debt collectors. Id.
We address three issues of first impression in the Eleventh Circuit. The first is whether a debt-collection letter sent to the consumer's attorney — rather than directly to the consumer — qualifies as a "communication with a consumer" so as to trigger § 1692g of the FDCPA. The second is whether omitting the "in writing" requirement set forth in § 1692g amounts to waiver of that requirement by the debt collector, and, if so, whether such a waiver advances the purpose of the FDCPA. The third is whether omission of the "in writing" requirement states a claim for "false, deceptive, or misleading" behavior in violation of § 1692e. We address each issue in turn.
The Collectors first argue that because the debt-collection letter was sent to Bishop's attorney, and not to Bishop herself, it was not a "communication with a consumer" within the meaning of § 1692g. The question of whether, and when, the FDCPA regulates attorney communications has been a subject of disagreement between the circuits. Compare Guerrero v. RJM Acquisitions LLC, 499 F.3d 926, 936 (9th Cir.2007) (holding that "communications directed only to a debtor's attorney, and unaccompanied by any threat to contact the debtor, are not actionable under the [FDCPA]" (footnote omitted)), with Evory v. RJM Acquisitions Funding L.L.C., 505 F.3d 769, 773-75 (7th Cir.2007) (holding that communications directed to a consumer's attorney are actionable under §§ 1692d-1692g).
The Eleventh Circuit first addressed this question in Miljkovic v. Shafritz & Dinkin, P.A., holding that "conduct toward a consumer's attorney [is] covered by the FDCPA in the absence of any express exemption therefor." Miljkovic, 791 F.3d at 1297. Miljkovic was decided in the context of §§ 1692d-1692f, which prohibit "abusive, misleading, and unfair" debt-collection practices. Id. at 1294. Yet its reasoning is applicable here. Following Miljkovic, we conclude that the protections of § 1692g, like those set forth in §§ 1692d-1692f, do not fail simply because the consumer has retained an attorney.
As in Miljkovic, our inquiry begins with the specific provision invoked. See id. at 1300. Section 1692g regulates the contents of a "notice of debt," as well as
We join the Third, Fourth, and Seventh Circuits in holding that a debt-collection notice sent to a consumer's attorney is just such an "indirect" communication. See Allen ex rel. Martin v. LaSalle Bank, N.A., 629 F.3d 364, 368 (3d Cir.2011); Evory, 505 F.3d at 773; Sayyed v. Wolpoff & Abramson, 485 F.3d 226, 232-33 (4th Cir.2007). This conclusion flows from a commonsense understanding of the attorney-client relationship. See Evory, 505 F.3d at 773 ("The lawyer receives the notice and shares it with, or explains it to, his client. Hence the debt collector is communicating with the consumer within the meaning of the Act...."); Model Rules of Prof'l Conduct R. 1.4 (2014) ("A lawyer shall ... keep the client reasonably informed [and] explain a matter to the extent reasonably necessary to permit the client to make informed decisions."). The attorney is a conduit to the consumer; thus, a debt-collection letter sent to the consumer's attorney is an indirect communication with the consumer.
That § 1692g covers attorney communications is borne out by the larger statutory context. See Miljkovic, 791 F.3d at 1301-02 (analyzing §§ 1692d-1692f in the context of the FDCPA as a whole). First, § 1692c provides further evidence that attorney communications are "indirect" communications with the consumer. Section 1692c states that "a debt collector may not communicate with a consumer ... if the debt collector knows the consumer is represented by an attorney ... unless the attorney consents to direct communication with the consumer." 15 U.S.C. § 1692c(a)(2) (emphasis added). By employing the word "direct" in this manner, § 1692c distinguishes between "direct" communication with the consumer — permitted only with attorney consent — and "indirect" communication through the consumer's attorney. See id. § 1692a(2) (establishing that communication under the FDCPA is either "direct" or "indirect"). "[W]e must construe [a] statute to give effect, if possible, to every word and clause." Lowery v. Ala. Power Co., 483 F.3d 1184, 1204 (11th Cir.2007). We see no reason to depart from that rule here.
To hold that represented consumers forfeit their protections under § 1692g would be similarly incongruous. Section 1692g, like §§ 1692d-1692f, contains protections for which representation by an attorney — no matter how competent — would make an inadequate substitute. For example, it would be unreasonable to rely on the consumer's attorney to notify the consumer of the amount of her debt and the name of the creditor to whom the debt is owed. See § 1692g(a)(1)-(2). Only the debt collector can provide that information. And the right to such basic information does not evaporate upon retaining an attorney. Similarly, § 1692g(b) requires debt collectors to provide the consumer with verification of contested debts. Nothing in the FDCPA suggests that this obligation is excused when the consumer is represented by an attorney.
The Collectors address this incongruity by attempting to parse the "in writing" requirement separately from other § 1692g protections. They do not challenge that a represented consumer retains the right to verification and basic debt-related information, but suggest that notice of the "in writing" requirement is unnecessary because the attorney is capable of researching that requirement and explaining it to the consumer. See Guerrero, 499 F.3d at 939 (reasoning that "when an attorney is interposed as an intermediary between a debt collector and a consumer, we assume the attorney, rather than the FDCPA, will protect the consumer" (quoting Kropelnicki v. Siegel, 290 F.3d 118, 127-28 (2d Cir.2002))). Whatever the merits of this argument as a policy matter, it fails because there is no textual basis for treating the "in writing" requirement differently from the other rights contained in § 1692g. We must read the FDCPA in a way that gives full effect to each of the protections at stake. Only by applying § 1692g to attorney communications can we ensure that consumers receive both legal representation and the full protections intended by Congress. We hold that a debt-collection letter sent to the consumer's attorney is a "communication with a consumer" within the meaning of § 1692g.
The Collectors next argue that by omitting the "in writing" requirement they were simply waiving that requirement and agreeing to permit Bishop to dispute her debt either orally or in writing. They
We reject the notion that § 1692g gives debt collectors discretion to omit the "in writing" requirement or cure improper notice by claiming waiver. The statute is clear. The debt collector "shall" notify the consumer of her right to dispute the debt in writing. 15 U.S.C. § 1692g(a). Likewise, the consumer has a right to verification only if she disputes the debt in writing. Id. § 1692g(b); see also Hooks v. Forman, Holt, Eliades & Ravin, LLC, 717 F.3d 282, 286 (2d Cir.2013) ("[C]onsumers [must] take the extra step of putting a dispute in writing before claiming the more burdensome set of rights defined in § 1692g(a)(4), (a)(5) and (b)."); Caprio v. Healthcare Revenue Recovery Grp., LLC, 709 F.3d 142, 146 (3d Cir.2013) ("[A] dispute of a debt must be in writing in order to be effective...."); Camacho v. Bridgeport Fin. Inc., 430 F.3d 1078, 1081 (9th Cir.2005) (explaining that a consumer can trigger the right to verification "only through written dispute"). Nothing in the statute suggests that debt collectors have discretion to relax these requirements.
In any event, the FDCPA already specifies a remedy for violations of § 1692g. Section 1692k imposes civil liability on "any debt collector who fails to comply with any provision" of the FDCPA. 15 U.S.C. § 1692k(a). The term "any provision" clearly includes § 1692g; there is nothing elsewhere in the statute to suggest an exemption. This Court will not judicially fashion a "waiver remedy" for violations of § 1692g when the FDCPA identifies civil liability as the remedy for noncompliance.
Finally, the Collectors argue that omission of the "in writing" requirement is not "false, deceptive, or misleading" within the meaning of § 1692e. Section 1692e prohibits "false, deceptive, or misleading" behavior, including using "false representation or deceptive means to collect or attempt to collect any debt." Id. § 1692e(10). Whether a particular communication is false or deceptive is a question for the jury. Jeter, 760 F.2d at 1178. However, whether Bishop alleges facts sufficient to state a claim under § 1692e is a legal question for the court. Miljkovic, 791 F.3d at 1307 n. 11. We hold that she does.
When evaluating a communication under § 1692e, we ask whether the "least sophisticated consumer" would be deceived or misled by the communication at issue. Id. at 1306; Jeter, 760 F.2d at 1177. "The `least-sophisticated consumer' standard is consistent with basic consumer-protection principles." LeBlanc v. Unifund CCR Partners, 601 F.3d 1185, 1194 (11th Cir. 2010). Its purpose is "to ensure that the FDCPA protects all consumers, the gullible as well as the shrewd." Id. (quoting Clomon v. Jackson, 988 F.2d 1314, 1318
Id. (citations and quotation marks omitted).
We have generally resisted tailoring the "least sophisticated consumer" standard to the individual consumer. See Crawford v. LVNV Funding, LLC, 758 F.3d 1254, 1258 (11th Cir.2014) ("The inquiry is not whether the particular plaintiff-consumer was deceived or misled."). The Collectors nevertheless argue that communications delivered to the consumer indirectly, through an attorney, are a special case. They urge us to adopt a more demanding "competent lawyer" standard for attorney communications. We decline to do so on the facts of this case.
The few circuits that have adopted a "competent lawyer" standard have done so in markedly different circumstances. In Evory, the seminal case on the issue, the Seventh Circuit held that "a representation by a debt collector that would be unlikely to deceive a competent lawyer, even if he is not a specialist in consumer debt law, should not be actionable." Evory, 505 F.3d at 775. The court reasoned that in some cases a lawyer is "less likely to be either deceived or misled" than the consumer. Id. An attorney, for example, would be less likely to accept a "one time only" settlement offer. Id. at 775-76. The "competent lawyer" standard would bar such a claim. See id. But Evory distinguished false statements from statements that are merely misleading or deceptive. The court explained that the "competent lawyer" standard does not bar recovery when a lawyer would be "unable to discover the falsity of the representation without an investigation." Id. at 775. A false statement of fact would therefore be actionable "whether made to the consumer directly, or indirectly through his lawyer." Id. Evory thus appears to limit the "competent lawyer" standard to misleading and deceptive behavior; misrepresentations are evaluated under the familiar "least sophisticated consumer" standard. See id.
The Tenth Circuit made a similar distinction in Dikeman v. Nat'l Educators, Inc., 81 F.3d 949 (10th Cir.1996). Dikeman was decided under a prior version of § 1692e(11) requiring debt collectors to "disclose" that they were attempting to collect a debt in each communication with the consumer.
Dikeman embraced the "competent lawyer" standard insofar as it relied on the professional competence of attorneys to hold that explicit disclosure is not always necessary under § 1692e(11). Like Evory, however, the Dikeman court took pains to distinguish between behavior that is less likely to mislead an attorney — such as tacit or non-verbal disclosure — and cases involving falsity and misrepresentation. The latter remained actionable whether or not a "competent lawyer" was likely to be misled. The court explained: "We are not holding here that an affirmative misrepresentation to a lawyer would be excusable merely because a lawyer could see through the false statement." Id. at 954 n. 14. Thus, Dikeman, like Evory, excluded false statements from the new, heightened standard.
Neither Evory nor Dikeman support adopting the "competent lawyer" standard in this case. This is not a case in which a lawyer would be "less likely to be either deceived or misled" than a consumer. See Evory, 505 F.3d at 775. Nor does this case involve a disclosure which, albeit non-verbal, is "innocent and sufficient" in context. See Dikeman, 81 F.3d at 953. The communication alleged in this case omitted a material term required by § 1692g(a). Specifically, the letter did not inform Bishop that she must dispute her debt "in writing" to trigger her verification rights under § 1692g(b). By omitting this requirement, the Collectors instructed Bishop that she could invoke § 1692g(b) by disputing her debt orally — a misstatement of the law surrounding debt-verification requests. This misrepresentation was not apparent on the face of the letter;
Nor will we craft a broader version of the "competent lawyer" standard than that described in Evory and Dikeman. The "least sophisticated consumer" standard is grounded in the history and purpose of the FDCPA. See Jeter, 760 F.2d at 1174 (adopting the "least sophisticated consumer" standard because Congress intended the FDCPA to expand and supplement existing consumer-protection laws). The FDCPA exists to "protect consumers against debt collection abuses." 15 U.S.C. § 1692(e). Consumer-protection laws are "not made for the protection of experts, but for the public — that vast multitude which includes the ignorant, the unthinking, and the credulous." Jeter, 760 F.2d at 1172-73 (quoting Charles of the Ritz Distrib. Corp. v. FTC, 143 F.2d 676, 679 (2d Cir.1944)). The "least sophisticated consumer" standard advances this purpose, and we will not abandon it lightly.
Furthermore, this Court has recognized the principle that consumers should not be required to bear the costs of abusive debt-collection practices. We reasoned in Miljkovic that excluding attorney communications from § 1692e would contravene the purpose of the FDCPA because "the consumer, rather than the debt collector, [would] be forced to bear the costs resulting from the debt collector's conduct." Miljkovic, 791 F.3d at 1304. Evory recognized
Finally, we note that consumer protection is not the only goal of the FDCPA. The statute was also designed to "eliminate abusive debt collection practices by debt collectors" and "insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged." 15 U.S.C. § 1692(e). Notwithstanding their effect — or lack thereof — on particular consumers, false statements are an abusive debt collection practice. The "fact that a false statement may be obviously false to those who are trained and experienced does not change its character, nor take away its power to deceive others less experienced." Jeter, 760 F.2d at 1173 (quoting Charles of the Ritz, 143 F.2d at 679); see also Miljkovic 791 F.3d at 1303 (observing that the "natural point of aim" of the FDCPA is "the debt-collecting activities of debt collectors," and that regulating those activities has the "inbuilt consequence" of protecting consumers). We see no basis in the FDCPA to treat false statements made to lawyers differently from false statements made to consumers themselves. We conclude, therefore, that this case is not an appropriate vehicle to adopt the "competent lawyer" standard in any form.
We hold that the communication alleged in this case states a claim for "false, deceptive, or misleading" behavior under § 1692e. Neither the "competent lawyer" nor the "least sophisticated consumer" could be said to have notice of the "in writing" requirement after receiving a letter like the one alleged. See Dikeman, 81 F.3d at 953. Nor are we inclined to excuse false statements, as a matter of law, based merely on the suggestion that a lawyer might be better equipped to recognize their falsity. See Jeter, 760 F.2d at 1173; Evory, 505 F.3d at 775. We emphasize the fact-specific nature of this holding. The "initial communication" alleged in this case states a claim under § 1692e because it misstates the law, omits a material term required by § 1692g(a), and misrepresents consumer rights under the FDCPA. See 15 U.S.C. § 1692g.
For the foregoing reasons, we conclude that the district court erred in dismissing