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PostPosted: Thu Sep 28, 2006 2:50 am 
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Joined: Fri Jul 14, 2006 6:19 am
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Court Rules Use of Attorney Name Must Signify Attorney Involvement Under FDCPA.

On April 27, 2005, the United States District Court for Connecticut ruled in favor of a consumer who brought action against an attorney working in a law firm that specialized in consumer debt collections alleging violations of the Fair Debt Collection Practices Act (FDCPA). The consumer received a collection letter bearing a facsimile copy of the defendant’s signature, as well as the defendant attorney’s name appearing in the return address field of the letter. The consumer sued the attorney for violating the FDCPA by making false and misleading representations that the letter was from the attorney, because the attorney had not reviewed the consumer’s account and had little any involvement in the process of sending the letter. In granting summary judgment in favor of the plaintiff, the judge in the case stated in part, “[A]t a minimum, the use of an attorney’s signature implies… that the attorney signing the letter formed an opinion about how to manage the case of the debtor to whom the letter was sent.â€

David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
Fax 318-221-6555

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