Illinois Law Bars FDCPA Suit Against Attys, Appeals Court Finds

[Jen23514]

http://www.state.il.us/court/Opinions/AppellateCourt/2014/1stDistrict/1123681.pdf

 

An Illinois appeals court upheld the dismissal of a proposed class action accusing a law firm of suing on behalf of unlicensed debt collectors in violation of the Fair Debt Collection Practices Act, ruling Tuesday that a related state law exempts attorneys from such claims.

In an opinion penned by Justice Sheldon A. Harris, the state appeals court found that plaintiff Elizabeth Gibbs’ FDCPA claim was based on registration requirements under Illinois' Collection Agency Act, which “expressly excludes” lawyers from its provisions.

[cashnocredit]

Class action suits are always tough. Looks like Gibb's approach fails as well.

[JunkBuyersWorstNightmare]

Wouldn't this seem to conflict with Federal law?

[Guest]

Wouldn't this seem to conflict with Federal law?

In some instances, doesnt State law supercede Federal?

[Remod07]

No it is just how Illinois is. We pay a lot in all kinds of different taxes, and our government here are all corrupt. The last two governors are in prison. What does that tell you. The judge was probably payed off. Illinois sucks but I have a bussiness so it's hard to get up and move and start over.

[JunkBuyersWorstNightmare]

No it is just how Illinois is. We pay a lot in all kinds of different taxes, and our government here are all corrupt. The last two governors are in prison. What does that tell you. The judge was probably payed off. Illinois sucks but I have a bussiness so it's hard to get up and move and start over.

 

+1

[ICANHASMUNY?]

Wouldn't this seem to conflict with Federal law?

Elizabeth Gibbs’ FDCPA claim was based on registration requirements under Illinois' Collection Agency Act, which “expressly excludes” lawyers from its provisions.

[CG in TX]

 

Wouldn't this seem to conflict with Federal law?

Elizabeth Gibbs’ FDCPA claim was based on registration requirements under Illinois' Collection Agency Act, which “expressly excludes” lawyers from its provisions.

 

Yep...the only way this could have had a different outcome would have been if it had been filed NOT as a class action, and the law firm paid a nuisance settlement to make it go away.

[Guest]

 

Wouldn't this seem to conflict with Federal law?

Elizabeth Gibbs’ FDCPA claim was based on registration requirements under Illinois' Collection Agency Act, which “expressly excludes” lawyers from its provisions.

 

I do not quite fully understand. Seems Illinois has "provisions" in place that conflict with the Federal Debt Collectors Practices Act?

Edited February 17, 2014 by rslifkin

[IndyPoolPlayer]

 

No it is just how Illinois is. We pay a lot in all kinds of different taxes, and our government here are all corrupt. The last two governors are in prison. What does that tell you. The judge was probably payed off. Illinois sucks but I have a bussiness so it's hard to get up and move and start over.

 

+1

 

+2