Companies whose primary business purpose is to collect debts—whether or not they actually participate in the debt collection activities—suffered a setback recently. Despite a debt purchaser’s not having any direct contact with the consumer or even approving the debt collection agency’s communications with the consumer, the U.S. Court of Appeals for the Third Circuit found the debt purchaser to be a “debt collector” under the terms of the Fair Debt Collection Practices Act (FDCPA) and therefore vicariously liable for the actions of its collection agencies. Barbato v. Greystone Alliance, LLC, No. 18-1042, 2019 WL 847920 (3d Cir. Feb 22, 2019). Continue Reading
