Debt-collection lawyers can be liable under federal fair collections law for their work in court, the U.S. Court of Appeals for the Eleventh Circuit has ruled.
Deciding an issue of first impression for the court, a three-judge panel ruled on June 30 that representations an attorney makes in court filings during the course of debt collection litigation are actionable under the federal Fair Debt Collection Practices Act. The panel rejected the arguments of a Florida lawyer being sued over a court filing that he could not be liable given the nature of the filing and because the filing was directed to a court, rather than the consumer, and the consumer was represented by a lawyer.
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