Finley v. Dynamic Recovery Solutions LLC
United States District Court for the Northern District of California
2015 WL 3750140 (2015)
Relevant factsFree
Nancy Finley (plaintiff) owed a debt that was time-barred under California's statute of limitations. Dynamic Recovery Solutions (defendant) was hired to collect it and, despite some evidence it may have known Finley was represented by an attorney, sent a collection letter directly to Finley identifying itself as a debt collector, seeking payment, and offering settlement terms, and called her about nine times. Finley sued for violations of the FDCPA, and Dynamic moved for summary judgment.
IssueFree
Whether the Fair Debt Collection Practices Act prohibits a debt collector from communicating directly with a debtor who is represented by counsel.