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Posts tagged as “litigation privilege”

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 (http://tinyurl.com/4rsyevr). 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

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…