Collector's Letter to Consumer's Attorney

This folder examines what constitutes a "communication" under the FDCPA so as to trigger certain protections of the Act.
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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Collector's Letter to Consumer's Attorney

Post by David A. Szwak »

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]
David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Post by David A. Szwak »

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that debtor-plaintiff did not have standing to bring FDCPA § 1692g claim based on communications sent to his attorney) (unpublished); Ignatowski v. GC Servs., 3 F.Supp.2d 187, 190-91 (D.Conn.1998) (dismissing FDCPA claim based on the failure to include statutorily required disclosures under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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