August 2, 2007

FDCPA ‘Communication’ applies to ‘Interrogatories’

NCLC Reports [Vol. 25, June 2007] cites another victory for consumers everywhere in defining what is a ‘communication’ per the FDCPA: 

The collection attorneys also argued in Sayyed that FDCPA liability could not attach to communications made by a debt collection attorney to a consumer’s counsel, rather than to the consumer.  The court noted, “[T]he statute defines ‘communication’ broadly as ‘the conveying of information regarding a debt directly or indirectly to any person through any medium.  15 U.S.C. 1692a(2).”  The court concluded: “A communication to a debtor’s counsel, regarding a debt collection lawsuit in which counsel is representing the debtor, plainly qualifies as an indirect communication to the debtor.”

Once again, sorry Wolpoff.

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