Debt collection attorneys, take note: A recent Eleventh Circuit decision indicates a trend toward holding attorneys liable under the Federal Debt Collection Practices Act for work submitted in court. However, the Ninth Circuit has indicated its reluctance to find any FDCPA violation for communications only to the debtor’s counsel. This circuit split indicates potential risk for attorneys in this practice area.
The FDCPA was enacted in 1977 as an amendment to the Consumer Credit Protection Act and regulates debt collectors’ practices for collecting debts. The act is intended to promote fair debt collection and to eliminate abusive practices in the collection of consumer debts.
FDCPA Bans a Variety of Conduct
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