Collector's Letter to Consumer's Attorney
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Author:  admin [ Sun Jul 16, 2006 6:20 pm ]
Post subject:  Collector's Letter to Consumer's Attorney

Clark’s Jewelers v. Humble v. Credit Bureau of Greater Garden, 16 Kan.App.2d 366, 823 P.2d 818 [a debt collection letter sent to a consumer's attorney is a "communication" under the FDCPA]

Author:  admin [ Tue Jul 25, 2006 1:19 am ]
Post subject: 

Richmond v. Higgins
435 F.3d 825
C.A.8 (Mo.),2006.
Feb 02, 2006

FN4. Although no circuit court has decided this issue, several district courts have held that the FDCPA does not apply to communications with the debtor's attorney, and dicta from the Second Circuit has reached the same conclusion. See Kropelnicki v. Siegel, 290 F.3d 118, 127 (2nd Cir.2002) (stating in dicta that communications with the debtor's attorney are not actionable under the FDCPA); Diesi v. Shapiro, 330 F.Supp.2d
1002, 1004 (C.D.Ill.2004) (holding that letters written to plaintiffs' attorney were not actionable under the FDCPA, citing Kropelnicki.); Zaborac v. Phillips & Cohen Assocs., Ltd., 330 F.Supp.2d 962, 967 n. 5 (N.D.Ill.2004) (citing Kropelnicki, in finding that § 1692g does not prohibit debt collection communications targeted at the debtor's attorney); Tromba v. M.R.S. Assocs., Inc., 323 F.Supp.2d 424, 427-28 (E.D.N.Y.2004) (citing Kropelnicki in finding that a fax addressed to the debtor's attorney was not actionable under the FDCPA); Phillips v. N. Am. Capital Corp., 1999 WL 299872 (N.D.Ill. Apr.30, 1999) (holding that debtor-plaintiff did not have standing to bring FDCPA § 1692g claim based on communications sent to his attorney) (unpublished); Ignatowski v. GC Servs., 3 F.Supp.2d 187, 190-91 (D.Conn.1998) (dismissing FDCPA claim based on the failure to include statutorily required disclosures under § 1692e(11), because the attorney in that case could easily discern that defendant was attempting to collect a debt).

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