Ruling on an issue that has splintered the circuits, the 3rd U.S. Circuit Court of Appeals has ruled that lawyer-to-lawyer communications may be actionable under the Fair Debt Collection Practices Act if the information conveyed is false.
“If an otherwise improper communication would escape FDCPA liability simply because that communication was directed to a consumer’s attorney, it would undermine the deterrent effect of strict liability,” U.S. Circuit Judge Dolores K. Sloviter wrote in Allen v. LaSalle Bank .
