13 Jun Can A Lawyer Be Sued For Wrongfully Collecting A Debt?
The Fourth Circuit rendered a May 2007 decision in the case of Sayyed v. Wolpoff & Abramson, No. 06-1458, that a debt collection law firm was not immune from suit under FDCPA claims of wrongful debt collection action. Wolpoff claimed common law immunity protected them from liability for making inaccurate statements in pleadings filed in the course of the collection lawsuit. The Court rejected that defense, and stated such protection would defeat the purpose of the law. Congress enacted the Fair Debt Collection Practices Act, in part, to prevent unscrupulous debt collectors from gaining a competitive business advantage over those collectors who refrain from using abusive practices and to protect consumers from abusive collection practices.
Andy Miofsky, Esq.
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