United States Third Circuit

In plaintiff's suit against various defendants, including a law firm, brought pursuant to the Fair Debt Collection Practices Act (FDCPA) and Pennsylvania's Fair Credit Extension Uniformity Act (FCEUA), arising out of defendants' alleged failure to voluntarily discontinue the foreclosure complaint after plaintiff signed a loan modification agreement, district court's dismissal of the complaint against the law firm defendants is affirmed where: 1) plaintiff's amended FDCPA claim against the law firm does not qualify for relation back because the fair notice required by Rule 15(c) was lacking; 2) district court did not err in concluding that plaintiff's FDCPA claim was not timely; and 3) the law firm is not a "debt collector" under the FCEUA because the law firm's activities were clearly "in connection with the prosecution of a lawsuit to reduce a debt to judgment."

Appellate Information

• Decided 09/05/2012
• Published 09/05/2012

Judges

• Fisher

Court

• United States Third Circuit

Counsel