New Jersey Federal Judge Dismisses RICO suit against FDCPA Plaintiff Law Firms
1 min read
Jan 16, 2018
Late last year, a debt collection agency went on the offensive and filed a RICO lawsuit against three FDCPA Plaintiff Law Firms, alleging that the Plaintiff Firms filed frivolous class action lawsuits under the FDCPA as a way to generate a quick settlement from them. Last week, Judge Michael Vazquez, in a sometimes scathing opinion, dismissed the suit, siding with the Plaintiff Firms. Judge Vazquez ultimately concluded that the filing of numerous class action lawsuits violates no laws, but is actually "standard practice." He found that the Amended Complaint was both factually and legally deficient, and the allegations that the Plaintiff Firms engaged in frivolous litigation were baseless. Moreover, Judge Vazquez concluded that filing litigation cannot form a basis for mail or wire fraud under RICO.
Beyond dismissing the RICO claims for these deficiencies, Judge Vazquez also relied on two doctrines, the Noerr-Pennington Doctrine and the New Jersey Litigation Privilege, as further independent bases for the Plaintiff Firms to bring the cases in question. Ultimately, the Court concluded that the Plaintiff Firms had a right to bring class action suits against debt collectors, and that there are other mechanisms in place to prevent frivolous litigation. Judge Vazquez also noted that the debt collection agency never sought sanctions in any of the cases against any Plaintiff Firm for bringing a frivolous suit, but instead had settled prior to any ruling on the claims. Curiously, the Court did not dismiss the case with prejudice, but noted that there were pending motions for sanctions under Rule 11 that "the Court will rule on . . . separately." In allowing the debt collector to amend, the Court warned that the Plaintiff Firms may also file further Rule 11 motions in the event any amended pleading is filed.
We will update you once the Court issues its ruling.
Related Capabilities
Featured Insights

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology

In The News
Jul 27, 2026
Scott Seaman Discusses How the Insurance Industry Contributed to the 2026 FIFA World Cup

Privacy, Cyber & AI Decoded Alert
Jul 27, 2026
Compliance Guidance for the New Vermont Data Privacy and Online Surveillance Act (VDPOSA)

Healthcare Alert
Jul 24, 2026
Q&A: Right to Electronic Monitoring Extended to Illinois Assisted and Shared Living Facilities

Press Release
Jul 23, 2026
Insurance Partner Christophe Burusco Joins Hinshaw in Los Angeles

In The News
Jul 16, 2026
Jennifer Driscoll Anticipates Epic Battle Between “Titans of the Antitrust Bar”

Press Release
Jul 15, 2026
Two Hinshaw Partners Recognized in Minnesota Monthly's 2026 Top Lawyers in Minnesota

