08/18/2005
Debt Collectors Strike Back: Attorney Sanctioned for Bringing FDCPA Claim Based on Collection Letters in Compliance with the "Safe Haven" Language
Riddle & Associates, P.C. v. Kelly
414 F.3d 832 (7th Cir. 2005)
414 F.3d 832 (7th Cir. 2005)
Brief Summary
Many debtors’ counsel have done quite well with counterclaims against creditors’ counsel for FDCPA violations. On the other hand, a “ready, fire, aim” policy is no more appropriate on the debtors’ side than on the creditors’ side. A debt collector whose conduct complies with the pertinent appellate court’s definition of a "safe haven" should not have to endure a baseless counterclaim and should be entitled to sanctions for the need to mount a defense in such circumstances.
Hinshaws Lawyers for the ProfessionSM Alert can also be viewed at http://www.lawyeringlaw.com.
