Sign in to follow this  
GDayMateAZ

Collection Attorney is CA under FDCPA

Recommended Posts

Jenkins v. Heintz, 25 F. 3d 536 (1994) - Court of Appeals, 7th Circuit:

"Nothing in ... [FDCPA § 1692a(6)] hints that attorneys in the course of litigation should be excluded.

Therefore, if a plaintiff can demonstrate that an attorney fits

within the rubrics of the statutory definition of "debt collector," then that attorney's conduct is regulated.

In an attempt to escape this definition, Heintz and his law firm make an appeal to common sense.

They argue that the Act was never meant to reach reasonable debt collection practices, such as litigation.

It was only meant to cover the seamier practices of debt collection, such as late-night phone calls and other abusive conduct.

Basically, they argue ... that they are lawyers and not mere debt collectors.

But the Act makes no such distinction; it has not since the 1986 amendment eliminating the attorney exemption.

Under the Act as presently written, lawyers can be debt collectors, as long as they engage in the business of debt collection.

………………………………………………………

We therefore reverse the district court's determination that the Act does not apply to attorneys in the course of litigation to collect debts.

There is no longer an attorney exemption in the Act, and we cannot create one by judicial fiat.”

http://scholar.google.com/scholar_case?case=18123364744832507954&hl=en&as_sdt=2&as_vis=1&oi=scholarr

U.S. Supreme Court in Heintz v. Jenkins (94-367), 514 U.S. 291 (1995), agreed with cited above 7th Circuit Court

that “the Act applies to attorneys who "regularly" engage in consumer debt collection activity, even when that activity consists of litigation”.

http://www.law.cornell.edu/supct/html/94-367.ZO.html

Share this post


Link to post
Share on other sites

One of collection law offices firms introduces itself as:

"....a collections litigation firm located in Tucson, AZ.

We specialize in collections, skip tracing, and asset location throughout the state of Arizona with a focus on consumer and commercial debt collection.

Our staff of over 30 professionals includes attorneys, paralegals, and top-level collectors.

We have been in business since 1996 and remain associated with NARCA

and various county, state, and federal bar associations.

We are highly capable of implementing various litigation strategies.

Our firm first attempts to make arrangements with debtors outside of the legal system through settlements and payment plans that fit within a debtor's own budget.

We have one simple, essential strategy to get your money back.

Our skilled team collects cash fast from people who owe you now!"

-------------------------------------------------------------------------------------

Their "Contact Us" page includes:

"DEBTORS TAKE NOTICE: Please be aware that we are debt collectors. Any communication with us may involve an attempt to collect a debt and any information provided by you will be used for that purpose."

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this