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.