Landlord's Attorney Didn't Violate FDCPA

November 15, 2013

LVT Number: #25159

Tenants sued landlord's attorney, claiming violations of the Fair Debt Collection Practices Act (FDCPA). The attorney represented landlord in a real estate closing. Tenants in the building had stopped paying rent, and the attorney sent three-day rent demands for sums totalling $10,400. The attorney subsequently started eviction proceedings, which were settled. Tenants claimed that the rent demands contained false statements and misrepresentations, were designed to trick tenants, and were harassing, deceptive, and misleading.

Tenants sued landlord's attorney, claiming violations of the Fair Debt Collection Practices Act (FDCPA). The attorney represented landlord in a real estate closing. Tenants in the building had stopped paying rent, and the attorney sent three-day rent demands for sums totalling $10,400. The attorney subsequently started eviction proceedings, which were settled. Tenants claimed that the rent demands contained false statements and misrepresentations, were designed to trick tenants, and were harassing, deceptive, and misleading. The attorney asked the court to dismiss the case, arguing that he wasn't a "debt collector" within the meaning of the FDCPA. The court ruled for the attorney. The attorney had sent only two or three communications for debt collection purposes in 10 years as a sole practitioner handling real estate and other matters, and the firm neither represented collection clients nor derived any revenue from that area of practice. 

Ciampa v. Law Offices of Igor Dodin PLLC: Index No. CV 12-1727, 2013 WL 5532653 (EDNY; 10/4/13; Wexler, DJ)

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