DiGennaro and Lastorino Prevail on a Pre-Answer Motion to Dismiss

May 12, 2017 | Professional Liability

Janice DiGennaro and Carol Lastorino obtained a pre-answer dismissal of claims against their attorney client for alleged violations of the Fair Debt Collection Practices Act (“FDCPA”).  The FDCPA imposes strict liability on debt collectors, including debt collection law firms, that violate the statute’s provisions.

Plaintiff’s FDCPA claims flowed from defendant’s commencement of a mortgage foreclosure proceeding against him. Plaintiff alleged that defendant violated the FDCPA by improperly identifying the creditor to whom plaintiff’s mortgage was owed in pleadings and other court documents.

It was argued in support of the motion that defendant’s conduct related to commencement and pursuit of the foreclosure proceeding and home foreclosure is not debt collection within the meaning of the FDCPA.  The Eastern District Court agreed and held that the commencement of an action to foreclose on a mortgage did not constitute an attempt to enforce a debt actionable under the FDCPA.

To read the full decision, Click Here.

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