08.01.06

ATTORNEY LIABILITY CONTINUES TO EXPAND UNDER THE FDCPA - 2ND CIRCUIT HOLDS FILING OF LAWSUIT TRIGGERS FDCPA PROTECTIONS

Article originally published in the Commercial Law League of America's July/August 2006 publication Debt�. (Vol. 21; Issue No. 4)

The steps necessary for attorneys to avoid liability under the Fair Debt Collection Practices Act, 15 U.S.C. � 1692 et seq., (the "FDCPA") just increased, thanks to a recent Second Circuit decision in Goldman v. Cohen, 445 F.3d 152 (2d Cir. 2006). In Goldman, the court held that the filing of a complaint in a state court collection matter is an "initial communication" within the meaning of the FDCPA. This holding is significant in that it demonstrates a recent trend of appellate courts that require an attorney suing a consumer to send "validation notices" pursuant to 25 U.S.C. � 1692g(a).

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