Civil Litigation,
Law Practice
Feb. 10, 2017
Tread carefully as a debt collection attorney
Circuits are split on whether debt collection attorneys can be subject to Fair Debt Collection Practices Act liability when engaging in procedural filings or communicating with a debtor's counsel.
J. Randolph Evans
Partner
Dentons US LLP
303 Peachtree St NE #5300
Atlanta , Georgia 30308
Phone: (404) 527-8330
Email: randy.evans@dentons.com
Enacted in 1977 as an amendment to the Consumer Credit Protection Act, the Fair Debt Collection Practices Act (FDCPA) regulates debt collectors' practices for collecting debts. The act is intended to promote fair debt collection and to eliminate abusive practices by those who collect consumer debts.
A recent trend in FDCPA jurisprudence suggests that debt collection attorneys may be liable under the act for work submitted in court. While the 9th U.S. Circuit Court of Appeals has ind...
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