Review of File and Use of Professional Judgment

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

Review of File and Use of Professional Judgment

Post by David A. Szwak »

Unless the attorney has in fact reviewed the debtor's file and made a professional judgment that whatever action is threatened is appropriate, and the threatened action has been authorized by the creditor, the use of such letters is a violation of 1692a(3), which prohibits "The false representation or implication that any individual is an attorney or that any communication is from an attorney." Also see: Sonmore v. CheckRite Recovery Servs., 2001 U.S.Dist.LEXIS 14688 (U.S.D.C. Minn. 2001)(collector of dishonored checks).
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