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Attorneys obtained a dismissal in a legal malpractice action brought against a collection law firm wherein the plaintiffs alleged violations of the Fair Debt Collection Practices Act, 15 U

Attorneys obtained a dismissal in a legal malpractice action brought against a collection law firm wherein the plaintiffs alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. ยง1692, et seq., and improper filing of a Notice of Unpaid Claim and Right to File Lien pursuant to the state Construction Lien Law. The court of appeals found that jurisdiction extended to the defendant law firm based upon its correspondence and efforts to collect a commercial debt from a business based in that state with regard to construction activity which occurred in that state. The plaintiff claimed that the firm violated the FDCPA in its effort to collect a debt for building materials owed to the co-defendant building material supply company. The FDCPA claims were dismissed because the plaintiff builder was not a consumer as defined by the Act, and the debt at issue in the case was a commercial debt relating to construction materials provided by one commercial entity to another commercial entity. Further, the court held that plaintiff's cause of action for slander of title was precluded by the state Construction Lien Law on the basis that the statute provides a mechanism for relief which limits the recovery of damages from the claimant. Therefore, because the construction lien law provides a full remedy, it would preclude any cause of action for slander of title against the law firm.

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