Saturday, April 08, 2006

Dismissal of claim under Fair Debt Collection Practices Act against foreclosure lawyers reversed

In Wilson v. Draper & Goldberg, PLLC, the Fourth Circuit in an opinion by Judge Traxler, joined by Judge Wilkinson with Judge Widener dissenting, reversed the dismissal of a claim brought against some lawyers under the Fair Debt Collection Practices Act for initiating foreclosure proceedings against the plaintiff, concluding that the lawyers even though acting as substitute trustees were "debt collectors" within the meaning of the Act.

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