Ill. Law Bars FDCPA Suit Against Attys, Appeals Court Finds

Law360, Chicago (February 13, 2014, 6:47 PM EST) -- An Illinois appeals court upheld the dismissal of a proposed class action accusing a law firm of suing on behalf of unlicensed debt collectors in violation of the Fair Debt Collection Practices Act, ruling Tuesday that a related state law exempts attorneys from such claims.

In an opinion penned by Justice Sheldon A. Harris, the state appeals court found that plaintiff Elizabeth Gibbs’ FDCPA claim was based on registration requirements under Illinois' Collection Agency Act, which “expressly excludes” lawyers from its provisions, dooming her lawsuit against...
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