FDCPA Defense
APRIL 17, 2019
Few things are more fundamental in the law than the principle that a lawyer owes a duty of loyalty to the client, a duty to be vigorous advocate within the bounds of the law, and a duty to maintain the client’s confidences and preserve the attorney-client privilege. Your law firm is also named a defendant.
FDCPA Defense
MAY 11, 2017
When, if ever, should collection law firms include disclaimers on their collection letters, indicating that no attorney of the firm has reviewed the particular circumstances of the debtor’s file? 2005), the letter was on the law firm letterhead, but was not signed by any attorney. The answer is unclear. In Greco v.
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FDCPA Defense
FEBRUARY 20, 2012
The CFPB claims to have the right to obtain privileged documents from all “supervised institutions” as well as from any “service provider” (such as a law firm or collection agency) who performs material services for a supervised institution. The answer may depend on who you ask. See, e.g., Hunt v. Blackburn , 128 U.S. Wrong again.
FDCPA Defense
AUGUST 19, 2013
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 Fair Debt Collection Practices Act, 15 U.S.C. Click here for more information on what constitutes a "debt" under the FDCPA. Jenkins , 514 U.S. Jones , 964 F.2d
FDCPA Defense
JANUARY 28, 2012
Consumers and their attorneys are constantly seeking to expand the pool of potential FDCPA defendants using principles of vicarious liability. Debt buyers are being sued based on the conduct of their agencies and law firms. Lawyers and agency owners are being sued based on the conduct of their clients and their collectors.
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