Third Circuit Holds Debt Collector Bears Burden of Proving FDCPA Exception to Third Party Contact

Andrew Williamson

The U.S. Court of Appeals for the Third Circuit recently held, in a matter of first impression among all of the Courts of Appeals, that a debt collector bears the burden of proving that a communication with a third party falls within the exception for location information contained in subsection 1692b of the federal Fair Debt Collection Practices Act (FDCPA).

A copy of the opinion in Patricia Evankavitch v. Green Tree Servicing, LLC, is available at: Link to Opinion.

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