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Expert Analysis

3rd Circ. Puts Debtors 1st In FDCPA Case

Law360, New York (August 14, 2014, 11:26 AM EDT) -- In McLaughlin v. Phelan Hallinan & Schmeig LLP, the Third Circuit recently held that debtors are not required to dispute a debt under Section 1692g of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., prior to filing suit with respect to that debt under the statute. The Third Circuit is the first federal appeals court to address this issue and, in doing so, it contradicted the decisions from several district courts....

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