7th Circuit: Service on Consumer not FDCPA Violation if No Entry of Appearance by Consumer’s Attorney

The Fair Debt Collection Practices Act (FDCPA) has strict rules regarding when a debt collector can and cannot communicate directly with the consumer. For example, a debt collector cannot communicate directly with the consumer if the collector knows the consumer is represented by an attorney except for in a limited set of circumstances.

The Seventh Circuit recently reviewed the issue of communicating with a consumer in the context of a collection lawsuit where the consumer’s attorney had not yet entered an appearance with the court but the debt collector knew that the consumer had an attorney. In Holcomb v. Freedman Anselmo Lindberg, LLC, No. 17-2532 (7th Cir. Aug. 21, 2018), the Seventh Circuit found no violation in this particular set of facts due to the way the Illinois Supreme Court Rules are written.

Factual and Procedural Background

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