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Patricia Evankavitch v. Green Tree Servicing LLC, 3rd Cir. (2015)
Patricia Evankavitch v. Green Tree Servicing LLC, 3rd Cir. (2015)
Patricia Evankavitch v. Green Tree Servicing LLC, 3rd Cir. (2015)
III. Discussion
A. The FDCPA and Its General Prohibitions on
Third-Party Contacts
The FDCPA was enacted in 1977 in response to the
abundant evidence of the use of abusive, deceptive, and unfair
debt collection practices by many debt collectors. Lesher v.
Law Offices of Mitchell N. Kay, PC, 650 F.3d 993, 996 (3d
Cir. 2011) (internal quotation marks omitted). The purpose of
the Act is both to eliminate abusive debt collection
practices and to insure that those debt collectors who
refrain from using abusive debt collection practices are not
competitively disadvantaged. Id. (quoting 15 U.S.C.
1692(e)). As remedial legislation, the Act is construed
broadly to effectuate those purposes. Caprio v. Healthcare
Revenue Recovery Grp., LLC, 709 F.3d 142, 148 (3d Cir.
2013).
[T]he invasion of privacy, we recently explained, is
a core concern animating the FDCPA. Douglass v.
Convergent Outsourcing, 765 F.3d 299, 303 (3d Cir. 2014);
accord 15 U.S.C. 1692(a) (stating that unfair debt collection
practices lead to, among other things, invasions of individual
privacy). One way Congress addressed this concern was to
prohibit[] a debt collector from communicating with third
parties about the consumers debt. Edwards v. Niagara
Credit Solutions, Inc., 584 F.3d 1350, 1353 (11th Cir. 2009)
(citing 1692c(b)).
Legislative history indicates this
prohibition was considered an extremely important
protection. S. Rep. 95-382, at 4 (1977), reprinted in 1977
U.S.C.C.A.N. 1695, 1699.
Other exceptions to the general prohibition on thirdparty communications include prior consent by a consumer,
the express permission of a court of competent jurisdiction,
and communications reasonably necessary for a debt collector
to effectuate a post-judgment judicial remedy. 15 U.S.C.
1692c(b).
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Surprise
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Undue
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Policy
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