Judge Nugent issued his final ruling in Consumer Financial Protection Bureau v. Weltman, Weinberg, & Reis Co., LPA on July 25, 2018. This decision was a big win for Weltman and the creditors’ bar generally. In this case, the Consumer Financial Protection Bureau (“CFPB”) argued that Weltman violated the Fair Debt Collection Practices Act (“FDCPA”) by sending letters to debtors on its letterhead, under the theory that the letters constituted an implicit representation that an attorney had been meaningfully involved in the file, when in fact no attorney had been so involved. The Court held that Weltman did not violate the FDCPA in sending demand letters on its letterhead because attorneys were meaningfully involved in the handling of the files on which letters were sent. Read more
