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.
Latest posts by Andy Miofsky, Esq. (see all)
- How do I get the title to my car? - November 20, 2019
- Why does the IRS file liens? And what you can do about one. - September 21, 2018
- Social Security Income: Invisible Money Bankruptcy Cannot Touch. - December 19, 2016
- What can and cannot be included on a credit report? - December 21, 2015
- Use Exemptions to Protect Your Property in Bankruptcy - January 20, 2014