An Opinion and Order issued July 25, 2018, by the U.S. District Court, N.D. Ohio, in Consumer Financial Protection Bureau v. Weltman, Weinberg & Reis Co., L.P.A. found that the firm did not violate the Fair Debt Collection Practices Act (the FDCPA) by misrepresenting the level of attorney involvement in demand letters and calls to consumers.
The Court discussed the factors considered in determining “meaningful involvement” by the attorneys in the firm. The factors taken into consideration to determine that the attorneys were meaningfully involved in the debt collection process may work as a good template for attorneys.
Although this is only a district court decision, this case provides a thorough discussion of the term “meaningful involvement” in the collection context, and provides at least one court’s guidance on what constitutes “meaningful involvement” by attorneys.
OBLIC thanks Boyd Gentry for his insight on this decision. Click here to read more about this from him.