Bookmark and Share

 

LITIGATION

» Access to Courts and Court Remedies

» Campaign Finance and Election Laws

» Constitutional Rights and Requirements

» Health, Safety, and Environment

» Open Government and Open Courts

» Representing Consumers

» Workers' Rights


Currently Featured Topics

Government Transparency
Consumer Justice
First Amendment
Health, Safety and the Environment

SUPREME COURT
ASSISTANCE PROJECT

Read about our work helping lawyers
with cases in the Supreme Court.

 


  Public Citizen | Litigation Cases ***Search other cases***

Udren Law Offices v. Kaymark

Topic(s): Consumer Justice
Scope of Statutory Rights and Remedies
Docket: 15-216

Documents:

Description:

This case involves a homeowner's challenge to a debt collector's collection practices under the federal Fair Debt Collection Practices Act (FDCPA). In the case, the homeowner alleged that a law firm acting as a debt collector had stated in a state-court foreclosure complaint that the homeowner owed attorney's fees and costs by the time of filing, but that those fees and costs had not been incurred. The homeowner asserted that the law firm's false statement violated provisions of the FDCPA that prohibit debt collectors from using false and misleading representations and unfair and unconscionable means to collect a debt. The Third Circuit reversed the dismissal of these FDCPA claims, concluding that the homeowner had alleged cognizable violations of the law. The debt collector filed a petition for a writ of certiorari, arguing that the FDCPA does not apply to legal pleadings and that the Tenth Amendment bars the FDCPA's application to the statements alleged to create liability in this case.

PCLG is lead counsel for the homeowner in the Supreme Court. It filed a brief in opposition explaining that the Third Circuit's decision is correct and consistent with the case law of other courts of appeals. The petition remains pending.

Copyright © 2016 Public Citizen. Some rights reserved. Non-commercial use of text and images in which Public Citizen holds the copyright is permitted, with attribution, under the terms and conditions of a Creative Commons License. This Web site is shared by Public Citizen Inc. and Public Citizen Foundation. Learn More about the distinction between these two components of Public Citizen.


Public Citizen, Inc. and Public Citizen Foundation

 

Together, two separate corporate entities called Public Citizen, Inc. and Public Citizen Foundation, Inc., form Public Citizen. Both entities are part of the same overall organization, and this Web site refers to the two organizations collectively as Public Citizen.

Although the work of the two components overlaps, some activities are done by one component and not the other. The primary distinction is with respect to lobbying activity. Public Citizen, Inc., an IRS § 501(c)(4) entity, lobbies Congress to advance Public Citizen’s mission of protecting public health and safety, advancing government transparency, and urging corporate accountability. Public Citizen Foundation, however, is an IRS § 501(c)(3) organization. Accordingly, its ability to engage in lobbying is limited by federal law, but it may receive donations that are tax-deductible by the contributor. Public Citizen Inc. does most of the lobbying activity discussed on the Public Citizen Web site. Public Citizen Foundation performs most of the litigation and education activities discussed on the Web site.

You may make a contribution to Public Citizen, Inc., Public Citizen Foundation, or both. Contributions to both organizations are used to support our public interest work. However, each Public Citizen component will use only the funds contributed directly to it to carry out the activities it conducts as part of Public Citizen’s mission. Only gifts to the Foundation are tax-deductible. Individuals who want to join Public Citizen should make a contribution to Public Citizen, Inc., which will not be tax deductible.

 

To become a member of Public Citizen, click here.
To become a member and make an additional tax-deductible donation to Public Citizen Foundation, click here.