From the Editor’s Desk – Fair Debt Collection Practices Act

By The Honorable William Houston Brown (Retired)

FDCPA claim may arise from communication to debtor. After the Chapter 7 case was filed, a law firm, acting on behalf of a creditor, sent a letter to the debtor’s counsel suggesting settlement to prevent the creditor pursuing a dischargeability proceeding. A Rule 2004 examination was scheduled but quashed by the bankruptcy court because of defective issuance and service. The Third Circuit held that the letter and notice of Rule 2004 examination were “communications” within the meaning of the FDCPA, constituting attempts to collect a credit card debt. The court . . .

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