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Third Circuit Reiterates that a 1692f(1) Claim Arising from a Communication to Debtor’s Counsel is not Barred by NJ’s Litigation Privilege

Yesterday, the Third Circuit again held that a communication from a debt collector to a debtor’s counsel is not barred by New Jersey’s common-law litigation privilege. The Court reversed the District Court’s dismissal of a §1692f(1) claim relying on its decision last month in Allen v. LaSalle Bank. As I wrote last month in discussing Allen, the appeal in Ogbin was pending at the time Allen was decided ( This decision did not offer any surprises or further reasoning into why the state common-law litigation privilege is ineffective against FDCPA claims. The decision is available here: Ogbin v Fein Such

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