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Third Circuit Affirms McDevitt's Dismissal of FDCPA Action

September 26, 2018

William F. McDevitt (Partner-Philadelphia) represented a law firm in a Fair Debt Collections Practices Act case. The plaintiff alleged that the attorneys' use of their tradename, which included “P.C.,” improperly implied that an attorney was involved in the collection effort and failure to pay would involve litigation. The letter at issue did not identify any specific lawyer, did not disclose that the company is a law firm and made no mention of litigation. The letter directed the debtor to a website for making payments and it was alleged that other pages on the website identified the company as a law firm and referenced its litigation services. Bill successfully argued that the FDCPA case was limited to the letter to the debtor, which did not violate the FDCPA statute. Both the trial and appellate courts declined to consider the website pages. The Third Circuit's ruling will likely prevent similar nuisance lawsuits from being filed.

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