No harm, no foul under FDCPA

(Wisconsin Law Journal) — A Mayville law firm was properly granted summary judgment on a debtor’s claim that it violated the Fair Debt Collection Practices Act (FDCPA), even if it did so, because the debtor suffered no damages.

In an unpublished Wisconsin Court of Appeals opinion decided Oct. 13, the court found it unnecessary to decide an important issue of first impression – whether the Notice of Intent to File Claim for Lien, required before filing suit against a property owner under sec. 799.06(2), must include the disclosure requirements imposed by the FDCPA.

The court concluded that even if the FDCPA covers the lien notice, the debtor could not recover from the law firm, because it suffered no actual damages.

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