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Unlike the FairDebtCollection Practices Act, 15 U.S.C. §§ 1692, et. seq. , (“FDCPA”), which, generally speaking, only applies to third party debt collectors, the Rosenthal Act broadly defines a “debt collector” to include persons or entities that collect on behalf of themselves or others.
The attorney gets to decide, in consultation with the client, and based on the attorney’s professional judgment, what to review and how long to review it before sending a demand letter. The “meaningful attorney involvement” doctrine evolved out of the FairDebtCollection Practices Act, 15 U.S.C. the “FDCPA”).
Courts have recognized that shareholders, officers or employees of a corporate debt collector may not be directly liable under the FDCPA, unless the plaintiff can meet the strict requirements necessary to pierce the corporate veil. Capital Credit & Collection Servs., See, e.g., White v. Goodman , 200 F.3d 3d 1016, 1019 (7th Cir.
291 (1995), lawyers have known that if they seek to collect consumer debts for clients – even when doing so through litigation – they might qualify as a "debt collector" under the FairDebtCollection Practices Act, 15 U.S.C. Click here for more information on what constitutes a "debt" under the FDCPA.
Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the FairDebtCollection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process. And this it did not do, directly or otherwise.
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