From the Editor - Fair Debt Collection Practices Act • NACTT Academy

From the Editor – Fair Debt Collection Practices Act

By The Honorable William Houston Brown (Retired)

Proof of claim by debt collector did not trigger FDCPA violation. Granting debt collector’s motion to dismiss the Chapter 13 debtor’s putative class action, which alleged violations of the FDCPA when the debt collector was not licensed in the State of Florida, the district court held that proofs of claim were “formal pleadings in a civil action for purposes of the FDCPA.” As a result, proofs of claim are specifically excluded from the “initial communication” requirements of the Act’s § 1692. The Bankruptcy Code precludes causes of . . .

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