FDCPA Liability: Do Lawyers Need Protection Too?

Law360, New York (March 22, 2011, 1:23 PM EDT) -- Three recent Courts of Appeals decisions highlight an emerging issue that is of increasing concern to debt collectors: Are indirect communications between debt collectors and debtors, through their lawyers, actionable under the Fair Debt Collection Practices Act (FDCPA)?

The Seventh Circuit in Tinsley v. Integrity Financial Partners[1] wrestled with this issue, finding that such communications were not actionable because attorneys are not “consumers” under the FDCPA. However, there is a split in the circuits on this issue, as highlighted by recent decisions by the Third Circuit...
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