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PostPosted: Thu Sep 28, 2006 2:55 am 
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Debt Collection Letters Sent by Law Firms Without Attorney Review Violates the Fair Debt Collection Practices Act.

On May 10, 2005, the U.S. District Court for the Eastern District of New York held that law firms that send debt collection letters on behalf of debt collection agencies violate the FDCPA when those letters are automatically generated without individualized attorney review of the facts of the case. Reade-Alvarez v. Eltman, Eltman & Cooper, P.C., No. 04-CV-2195-ILG (E.D.N.Y. 2005). The court found that sending form letters on firm letterhead to collect debts violated the FDCPA because it created an impression that attorneys had reviewed the matter and were familiar with the case, when in fact there had been no attorney review. The FDCPA requires “some degree of attorney involvementâ€

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David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


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