News + updates + recent press
Eastern District of Pennsylvania Rules that Third-Party Vendors of Law Firms are Debt Collectors
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.
Questions? Contact us.
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.
PLG BLOG DISCLAIMER
The information contained on this blog shall not constitute legal advice or a legal opinion. The existence of or review and/or use of this blog or any information hereon does not and is not intended to create an attorney-client relationship. Further, no information on this blog should be construed as investment advice. Independent legal and financial advice should be sought before using any information obtained from this blog. It is important to note that the cases are subject to change with future court decisions or other changes in the law. For the most up-to-date information, please contact Padgett Law Group (“PLG”). PLG shall have no liability whatsoever to any user of this blog or any information contained hereon, for any claim(s) related in any way to the use of this blog. Users hereby release and hold harmless PLG of and from any and all liability for any claim(s), whether based in contract or in tort, including, but not limited to, claims for lost profits or consequential, exemplary, incidental, indirect, special, or punitive damages arising from or related to their use of the information contained on this blog or their inability to use this blog. This Blog is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.