Privacy notices and the FDCPA

With the requirement for banks and other financial institutions to send yearly privacy notices to customers, a problem arises when that customer is in third party collection and represented by counsel.  The FDCPA generally requires that once represented by counsel, all communications have to be with counsel. (Most ethics rules require the same.)

However, as the 4th Circuit points out here, the privacy notice doesn’t contain a demand for payment and thus doesn’t violate the FDCPA.  I believe this is the correct decision.

About dknights

Attorney, Kentucky
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