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In Khimmat v. Weltman, Weinberg & Reis Co. LPA, the Eastern District of Pennsylvania recently held that the transmission of information to a vendor who completes a mailing is deemed a “communication” to a “person” in connection with the “collection of a debt” under section 1692c(b) of the FDCPA.
The law firm in this case, considered a debt collector in this circuit, used a third-party vendor to mail correspondence to the Borrower, which included the Borrower’s name, address, and information about the nature of the debt. The Court rejected an argument from the law firm that the mail vendor is an “agent” of the law firm, noting that the FDCPA does not explicitly carve out an exception for agents of debt collectors.
Not all circuits follow this logic in considering whether debt collectors can rely on letter vendors, so it is important to consult with legal counsel in the appropriate jurisdiction to determine whether use of these types of vendors is permissible under the FDCPA. Click here to read the full decision.
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Contact us regarding this decision or other servicing issues in Pennsylvania. PLG's Managing Attorney of Foreclosure Operations, Jacqueline F. McNally, Esq., is licensed in Pennsylvania, New Jersey, New York, Georgia, and the District of Columbia. Click the button below to connect with Jackie.
Padgett Law Group Adds Jaqueline F. McNally, Esq. As Foreclosure Operations Leader, Expands Service Footprint
Padgett Law Group (PLG) today announced that Jaqueline F. McNally, Esq. has joined the firm as Supervising Attorney of Foreclosure Operations, a firm-wide leadership role. Ms. McNally will assume her role and footprint-wide responsibilities effective Monday, August 2, 2021. She previously managed the Pennsylvania and New Jersey operations of Schiller, Knapp, Lefkowitz & Hertzel, LLP; prior to that, she served as Chief Compliance Officer for Stern & Eisenberg, P.C., where she oversaw compliance matters across a 13-state footprint with nearly 50 attorneys under her purview. Ms. McNally has over a decade of experience in creditors’ rights and is licensed to practice law in Pennsylvania, New Jersey, New York, Georgia, and the District of Columbia. She will be based out of the firm’s new Pennsylvania operations, which, along with New Jersey, are currently accepting non-GSE work; both states are expected to begin full operations and join the firm’s existing seven-state footprint of GSE-compliant operations by December 31, 2021.
“We are excited to welcome Jackie to PLG. Her multi-state licensure and active practice, plus her experience in managing operations and people across large footprints like PLG’s is exactly the depth of legal experience and breadth of management experience that clients come to PLG for and we’re confident that Jackie will quickly become an integral part of our leadership team,” said Chief Development Officer Robyn Padgett.
Other recent notable hires by PLG include the addition of Heather Griffiths, Esq. as Supervising Attorney – Florida; Hadi Seyed-Ali, Esq. as Senior Counsel – Legal and Advisory Oversight; and nearly 25 other supervisory, processing, and administrative roles across the firm as PLG executes on its post-pandemic readiness plan. To date, the firm has met 76% of its excess staff capacity goal to meet client and referral demand expected to increase beginning in Q3 21. For additional information on any recent PLG hires, the firm’s readiness plan, or to explore PLG’s national suite of creditors’ rights services, contact the firm at email@example.com.
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