News Brief

McDevitt and Bogutz Obtain Dismissal for Lawyer in Alleged Violation of Fair Debt Collections Practices Act

September 11, 2017

William McDevitt (Partner-Philadelphia) and Marc Bogutz (Partner-Philadelphia) obtained dismissal of a Fair Debt Collection Practices Act class action lawsuit in the Eastern District of Pennsylvania.  The proposed class representative sought to hold the defendant law firm responsible for information contained on its website and the use of its name in its letters.  Bill and Marc successfully argued that an FDCPA claim is limited to the actual communication to the debtor.  The federal trial court granted the law firm's motion to dismiss, holding that the use of a trade name, in and of itself and without the signature or name of any individual attorney, does not imply the involvement of counsel or a "threat" of litigation. The trial court also refused to consider the contents of the law firm's website, which the attorneys included solely for the purpose of allowing the debtor to make a payment.  

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