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CEB Prac. Guide § 2A.22 -- Communications with Third Parties -- Third Party Standing -- Under the FDCPA

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District Court (Cal.) Holds that Non-Debtors Find No Protection by the Rosenthal Act

by Scott J. Hyman |

In Crider v. Pacific Acquisitions & Associates, LLC, 2015 WL 6689391, at *3 (N.D.Cal., 2015), Magistrate Judge Cousins denied a Rosenthal Act plaintiff's motion for a default judgment on the basis that non-debtors are not protected by the Act. The Criders allege that Pacific violated the RFDCPA by threatening to call Ronnique's supervisor. Cal. Civ. Code. § 1788.17. To qualify for protection… Read More

7th Circuit Finds FDCPA Affords Claims to Third Party/Non-Debtors Only in Certain Circumstances

by Scott J. Hyman |

In Todd v. Collecto, Inc., --- F.3d ----, 2013 WL 5452071 (2013), the Court of Appeals for the Seventh Circuit held that the FDCPA protects third person/non-debtors in only limited circumstances.  The district court had dismissed Todd's complaint for failure to state a claim for relief, finding that Todd lacks standing to bring the FDCPA claims because he is not… Read More

District Court (Tx.) Finds No Third Party Standing Under FDCPA

by Scott J. Hyman |

In Vick v. NCO Financial Systems, Inc., 2011 WL 1157692 (E.D.Tex. 2011), Judge Ward found that a non-debtor third party had no standing to pursue a claim under the FDCPA, explaining:   NCO filed numerous objections to the report (Dkt. No. 96). The court overrules NCO's objections, except as to the issue of whether Mr. Vick has third-party standing to… Read More