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)

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.
See All Articles