CFPB Files Amicus Brief in FDCPA case

On Thursday of last week the Consumer Financial Protection Bureau (CFPB), jointly with the Federal Trade Commission (FTC), filed an amicus brief with the U.S. Court of Appeals for the Third Circuit in Bock v. Pressler & Pressler, LLP. In the case a U.S. district court previously ruled that a debt collection law firm violated the Fair Debt Collection Practices Act (FDCPA) by filing a complaint without “meaningful attorney involvement.”

The filing is hardly surprising given the CFPB position in the ongoing litigation involving the Georgia law firm Frederick J Hanna & Associates P.C.

The CFPB argues that the facts in Pressler are undisputed:  The law firm utilizes a computer system to manage its files, a lawyer in the firm conducts an automated review of files for potential litigation, and computer records show that the attorney spent 4 seconds reviewing the computer records for this particular file.  The CFPB’s positon:

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