Consumer Finance

District Court (Cal.) Holds Law Firm Exempt from RFDCPA

August 7, 2013

In Lawton v. Cavalry Investments LLC, 2013 WL 3929707 (C.D.Cal. 2013), Judge Tucker excluded a law firm from the RFDCPA: “Plaintiff alleges that Defendants violated § 1788.15(a) of the Rosenthal Act by “filing an illegal lawsuit” against Plaintiff. (Compl.¶ 16.) Lawyers are expressly excluded from the Rosenthal Act’s definition of “debt collector.” Cal. Civ.Code § 1788.2(c) (“The term ‘debt collector’ … does not include an attorney or counselor at law.”); see also Carney v. Rotkin, Schmerin & McIntyre, 206 Cal.App.3d 1513, 1526, 254 Cal.Rptr. 478 (1988) (dismissing Rosenthal Act claim against a law firm on the grounds that attorneys are not subject to the act). Therefore, Plaintiff’s claim is dismissed with prejudice as to Winn, a law firm.”

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Consumer Finance

District Court (Cal.) Holds Law Firm Exempt from RFDCPA

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