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Posts tagged as “Communications with Attorneys”

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 collection attorney is not shielded by New Jersey’s common-law litigation privilege. The decision, Allen v. LaSalle, is available here: Allen v LaSalle Bank. In response to a request from the debtor’s attorney, the debt collection attorney sent a payoff letter which allegedly sought to collect fees and charges not permitted by New Jersey law. The…