FDCPA – Bergmann Law LLC

A New Jersey Federal District Court recently refused to dismiss a plaintiff’s claim under the Fair Debt Collection Practices Act (FDCPA) brought against a realtor who took steps on behalf of the landlord-client to try and collect overdue rent from the plaintiff. As a Realtor you should be aware of this ruling and its potential consequences to keep yourself free from exposure.

A landlord took harsh action against the plaintiff, his tenant, who was 10 day delinquent in her rental payment. The plaintiff/tenant, who was an officer in the US Army, had received a mobilization order which included an annual salary of $84,000. Presumably in an effort to assist her client, the real estate agent, on behalf of the landlord, contacted the tenant’s military superiors and advised them her rent payment was late. Based on information supplied to them by the realtor, plaintiff’s superiors revoked her mobilization along with the accompanying $84,000 salary.

When plaintiff sued both the landlord and the real estate broker under the FDCPA, the broker moved to dismiss, arguing that she was not a “debt collector” as defined under the FDCPA. The FDCPA defines a debt collector as:

“Any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due, or asserted to be owed or due to another.”

While the broker’s liability has yet to be decided, the court ruled that plaintiff had the right to conduct discovery to determine whether the broker was a “debt collector” under the FDCPA.

While it appears the broker may have been attempting to better service the landlord-client, the better practice is to have the landlord collect its own debt or – better yet – refer the landlord to an attorney. Any broker who feels compelled to try to collect rent on behalf of a landlord-client should first become fully conversant with the somewhat labored and intertwined provisions of the FDCPA, and then adhere to its requirements because those who fail to do so could find themselves in expensive litigation in their Federal District Court, which is something no realtor wants.

If you have questions about the FDCPA or any other landlord/tenant issues, contact the law offices of Bergmann & Good. We’re here to help.

We’ve all seen what looks like junk mail in our mailbox. It looks like a generic mailing, with an external barcode. But what’s in that barcode? Well, your personal account information just might be right there on the front of your mail, for anyone to see.

Most often the mail will such offending barcodes will be from a debt collector. The issue was addressed last year when the Third Circuit ruled in Douglas v. Convergent Outsourcing that finding a debtor’s account number on the outside of an envelope is in violation of the Fair Debt Collection Practices Act (“FDCPA”). In Douglas, the Plaintiff received a letter from a debt collector. Visible on the face of the envelope was the Plaintiff’s name and address, following a sequence of numbers reflecting the Plaintiff’s account number. This number was not from the company which the debt was owed, but from the company which was collecting the debt. Notably the Plaintiff’s name, address, and account number were printed on the letter and visible through the transparent window of the envelope.

Section 1692f(8) of the FDCPA limits the language and symbols that debt collector may place on envelopes it sends to consumers. According to the language of 1692f(8), a debt collector may only display its address on an envelope to a debtor. The Court in Douglas found that anything on the face of an envelope, even if printed on the letter and seen through the transparent window of an envelope, is still part of the envelope in accordance with 1692f(8). Further the Court found that displaying a consumer’s account number on the face of the envelope is in violation of the FDCPA.

Following this ruling, a Pennsylvania federal judge ruled that embedding a debtor’s account number in a bar code on the face of an envelope is also in violation of the FDCPA. All you need is a smartphones and an identity thief to scan the barcode, retrieve the imbedded and then misusing your personal information. There are free smartphone apps which allow anyone to access your personal information.

The FDCPA was designed to protect the consumer, you, from aggressive and sloppy actions of debt collectors. If you have received mail from a debt collector displaying information other than the debt collector’s address on the face of the envelope, contact Bergmann & Good us to discuss the available options.

Tag: FDCPA

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