Falsely Claiming to be an Attorney

Collection agencies are often tempted to incorporate “attorney letterhead”, or legal talk, as a part of its collection methods. Several cases have prohibited the use of attorney letterhead by collection agencies when there is evidence that the attorney had no “meaningful involvement” in the actual review and collection of the account in question.

Ernest H. “Skip” Kohlmyer, III, Esq., LL.M, is a litigation attorney and shareholder with Urban Thier Federer & Chinnery, P.A. based in the Orlando office. His practice focuses primarily on insurance defense litigation relating to the Fair Debt Collection Practices Act (“FDCPA”), Florida’s Consumer Collection Practices Act (“FCCPA”), Fair Credit Reporting Act (“FCRA”), and/or the Telephone Consumer Protection Act (“TCPA”).

Mr. Kohlmyer represents collection agencies, debt buyers, Florida public entities in areas in land use, civil rights, constitutional law, consumer protection litigation, corporate and business law, insurance defense, and international business transactions.

In this CLE class clip Mr. Kohlmyer discusses Falsely Claiming to be an Attorney.

Watch the Full Debt Collection Telephone Calls FDCPA & TCPA Compliance CLE Class

Ernest H. Kohlmyer, III, Esq., LL.M.
Urban, Thier, Federer & Chinnery, P.A.
200 South Orange Avenue, Suite 2000
Orlando, Florida 32801

Reference – Abila V. Rubin, 84 F.3d 222 (7th Cir. 1996)

In addition to the fact that the attorney letterhead may not be coming from an actual attorney, the courts and the FTC have held that the use of attorney letterhead places the consumer on notice that his account status has changed, which may also create a false sense of urgency. Id.

For more important information on Falsely Claiming to be an Attorney, check out the full CLE class video by Ernest H. “Skip” Kohlmyer, III, Esq., LL.M.