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Court Expands FDCPA’s “Least Sophisticated” Standard to Include Attorneys

A long-established exception to the FDCPA’s “least sophisticated consumer” standard has been communications with consumers’ attorneys. Because how could it be argued that an attorney is not “sophisticated?” But a recent Circuit Court ruling opened new ground on that front when it found that some communications with attorneys should be held to the standard.

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The FDCPA “is not a game, and its purpose is not to provide a business opportunity” says District Judge

“This case…goes beyond anything that the Court has seen. It represents a deliberate and transparent attempt by a sophisticated debtor to entrap a collection company into a technical violation. Even more problematically, plaintiff chose to bring this action even though there is a tape recording showing that the attempt at entrapment utterly failed.” — Judge Brian M. Cogan