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ALLEN EX REL. MARTIN v. LASALLE BANK, N.A.

No. 09-1466.

629 F.3d 364 (2011)

Dorothy Rhue ALLEN, by her Attorney in fact, James MARTIN, Individually and as a class representative on behalf of others similarly situated, Appellant v. LASALLE BANK, N.A.; Cenlar Federal Savings Bank FSB; Fein, Such, Kahn and Shepard, PC; John Doe Servicers 1-100; John Doe Law Firms 1-100.

United States Court of Appeals, Third Circuit.

Filed: January 12, 2011.

Attorney(s) appearing for the Case

Lewis G. Adler (Argued), Roger C. Mattson , Woodbury, N.J., for Appellant.

Andrew C. Sayles (Argued), Gregory E. Peterson , Connell Foley , Roseland, N.J., for Appellee Fein, Such, Kahn and Shepard, P.C.

Daniel C. Green , Vedder Price , New York, N.Y., Chad A. Schiefelbein (Argued), Vedder Price , Chicago, IL, for Appellee LaSalle Bank.

Gregory A. Lomax , Christopher L. Soriano , Morgan J. Zucker , Duane Morris , Cherry Hill, N.J., for Appellee Cenlar Federal Savings Bank.

Before: SLOVITER, BARRY, and SMITH, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This appeal presents the question whether a communication from a debt collector to a consumer's attorney is actionable under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692f(1).

I

Factual and Procedural History

In 1976, Dorothy Rhue Allen purchased her home with a 30-year mortgage. After Allen failed to make the last payment due, she was declared in default...

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