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definition of UNSOPHISTICATED CONSUMER


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I have seen that the courts assume a sixth grade education.

does the FDCPA have a definition in it?? reason im asking is that this SCUM BUCKET of a collection agency is claiming im a 'sophisticated consumer' . I think they are using this tactic so i can be held to a higher standard.

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Guest E. Normis Debtor

Doesn't matter how sophisticated you actually are. Even if you are an attorney who specializes in consumer law, a court must base it's rulings on the unsophisticated (or least sophisticated depending on your district) standard.

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Whether or not you are a sophisticated consumer does not excuse them from obeying the law.

See Veach v. Sheeks, 316 F.3d 690, 692 (7th Cir. 2003); Bartlett v. Heibl, 128 F.3d 497, 500 (7th Cir. 1997).

“This assumes that the debtor is uninformed, naive, or trusting[.]” Veach, 316 F.3d at 693 (internal quotations omitted).

However, an unsophisticated consumer possesses “rudimentary knowledge about the financial world” and is “capable of making basic logical deductions and inferences.” Pettit v. Retrieval Masters Creditors Bureau, Inc., 211 F.3d1057, 1060 (7th Cir. 2000).

Johnson v. Revenue Mgmt. Corp., 169 F.3d 1057, 1060 (7th Cir. 1999) (“Unsophisticated readers may require more explanation than do federal judges; what seems pellucid to a judge, a legally sophisticated reader, may be opaque to someone whose formal education ended after sixth grade.”).

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