Counsel in Berger v. Weltman shares insights on responding to frivolous claims in FDCPA cases. Editor’s note: this article is available for members only.
10/14/2021 9:30
A recent case in the U.S. District Court for the District of Pennsylvania resulted in a win for a collection agency facing a Fair Debt Collection Practices Act violation for its communications with a consumer.
In the case, the consumer claimed a debt collector violated the FDCPA when the collector filed a collection action in state court accompanied by documents the consumer characterized as confidential under Section 213.81 of Title 204 of the Pennsylvania Code, but without filing the documents under a cover sheet to maintain the confidentiality of the documents, ACA International previously reported. The consumer alleged the collector’s conduct violated 15 U.S.C. Sections 1692, 1692e, 1692e(8), 1692e(10), 1692f, 1692f(8), and 1692d of the FDCPA.
The collector moved for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c).
The court found the consumer’s arguments rested on three mistaken premises and that the collector clearly established that no material issue of fact remained to be resolved. The court directed judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) in favor of the collector and against the consumer.
While a zealous consumer’s attorney can raise novel arguments, collectors may be able to obtain early judgment on the pleadings when the claims brought before the court stretch beyond established law.
“Consumer attorneys push the envelope with borderline frivolous claims. Agencies have to decide whether to push back or settle,” said Richard Perr, co-managing partner at Kaufman Dolowich Voluck LLP, and counsel for the defendants. “Most times, fighting a winning claim has benefits beyond the cost of defense, including making the plaintiff’s attorney think twice before filing the next case.”
For more information on the FDCPA, see ACA International’s FDCPA Compliance Guide.
To receive notifications about ACA content—including member alerts, upcoming events and new products—text ALERTS to 96997.
Message and data rates may apply. Message frequency will vary. To opt-out at any time, reply STOP to any message we send.