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Posts published in “FDCPA”

Fair Debt Collection Practices Act

Fee Order Admonishes Plaintiff’s Firm for Claiming “Cut & Paste” Work as Original – Slices Fee Request 75%, Warns of Future Sanctions

While the use of form pleadings is not unusual, it becomes dicey when attorneys seek fees from their use of forms as “original work.” But when you use a fee petition that itself is a form pleading and claim it too is “original work,” you…

Section 1692g Written Dispute that also Contains a Cease and Desist Does Not Prohibit a Debt Collector From Sending Verification

Sending verification in response to a consumer’s written demand for verification under 15 U.S.C. § 1692g, which also contains a cease and desist demand, does not violate § 1692c under a holding from the Western District of New York in Marino v. HoganWillig, PLLC, 11-cv-453 (W.D. NY…

Third Circuit Holds §1692g(a) Claim must be Brought Within One Year of First Communication

A claim that a debt collector violated §1692g(a) of the Fair Debt Collection Practices Act (“FDCPA”) must be filed within one-year of the first communication, the Third Circuit recently held in Peterson v. Portfolio Recovery Associates, LLC, Case Nos: 10-2824 & 10-4013, 2011 U.S. App.…

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…

Violation of the New Jersey Professional Services Corporation Act Sufficient Basis for Violation of the FDCPA

When a New Jersey law firm purchased charged-off debt, then filed suit to collect it, it found itself facing a Fair Debt Collection Practices Act (“FDCPA”) putative class action. The lawsuit alleged that Hudson Law Offices, P.C. violated the New Jersey Professional Services Corporation Act…

Third Circuit – Communication by a Debt Collection Attorney with Debtor’s Counsel Actionable under FDCPA; No Litigation Privilege

In a blow to debt collection attorneys, the Third Circuit ruled that a letter sent by a foreclosure attorney to the mortgagee’s attorney could form the basis of a violation under 15 U.S.C. 1692f(1) of the Fair Debt Collection Practices Act. In addition, the debt…

Illinois Attorney Faces Discipline for FDCPA and Credit Restoration Referral Fees Paid to Non-Attorney

An Illinois attorney faces disciplinary discipline charges allegeing the attorney violated the Rules of Professional Conduct when he paid referral fees to a non-lawyer. The attorney was a principal in the “Consumer Credit Defense Network” (CCDN) self-styled as “a network of attorneys across the nation the nation .…