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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 .…