6th Circuit SpotlightThe U.S. Court of Appeals for the Sixth Circuit recently held in a split decision that attorneys garnishing a debtor do not make a “false, deceptive or misleading representation” under the Federal Debt Collection Practices Act when their representations of law are later proven wrong, so long as they represent a reasonable interpretation of the law.

In essence, only representations not “warranted under existing law”—the threshold for sanctions under Federal Rule of Civil Procedure 11—would also trigger liability for the attorney under the FDCPA. In this FDCPA appeal, Van Hoven v. Buckles & Buckles, No. 18-2399, the plaintiff defaulted on a credit card and the credit card company hired Buckles & Buckles to collect the debt. After losing the collections lawsuit, Maureen Van Hoven still failed to pay.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]