Appellate Division Decision

SPSK attorneys, Gilbert S. Leeds and Cynthia L. Flanagan, filed and won a motion to dismiss before the United States District Court, arguing that our client’s letter fully complied with The Fair Debt Collection Practices Act (“FDCPA”). The case involved a claim that our client violated the FDCPA when writing a letter to property owner DiBattista in an attempt to recover dues DiBattista owed to her condominium association.

The trial judge ruled that our client did in fact fully comply with the FDCPA Act in every respect.  Plaintiff appealed to the Third Circuit.  In Barbara DiBattista v. Buckalew, Frizell,& Crevina, LLP, decided on July 21, 2014, the Third Circuit affirmed the District Court’s decision to dismiss the case.  Again, the Third Circuit ruled that our client had fully complied with the FDCPA Act and had done nothing wrong.

The case is significant as there are fines and penalties associated with violations of the FDCPA.  Plaintiff also sought to pursue class action claims on behalf of others receiving similar letters.  The dismissal prevents plaintiff from recovering fines and penalties as well as prevents her from pursuing any class action claims.  View attachment for Appellate Division decision.