The FDCPA and the thorny problem of court filings

The last amendment to the FDCPA cleared up the question of whether a Complaint needed the FDCPA required “first communication” language.  However, by failing to exempt all court filed documents from the FDCPA, the thorny question was left as to whether or not “non-pleadings” papers were still required to carry the “mini-Miranda”  The attorney in this Fourth Circuit case was trying to navigate this minefield and was sued for erring on the side of caution.  However, it was a split decision.  Also, if he had failed to include it you can be sure he would have been sued for not having the warning on the papers.  Case here.

About dknights

Attorney, Kentucky
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