Nolan v. Porter McGuire Kiakona & Chow: 9th Circuit Finds E-Filing to Attorney is Not an FDCPA Violation - acainternational.org
9th Circuit holds that e-filing a debt collection lawsuit to the debtor's attorney does not violate the FDCPA, narrowing the scope of prohibited communications with third parties.
Aforeworn detected this change in the Debt Collection (FDCPA / State) space on July 29, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Low urgency. Collection agencies, debt buyers, collection law firms, and creditor first-parties operating within the 9th Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington). should confirm how it applies to their specific situation before acting. There is a time constraint attached: No specific deadline; the ruling is effective immediately for cases within the 9th Circuit.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Debt Collection (FDCPA / State) continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
The 9th Circuit ruled that electronically filing a lawsuit to a debtor's attorney is not a communication with a third party under the FDCPA, thus not a violation. This clarifies that such e-filings are permissible without violating the prohibition on communicating with third parties (e.g., employers, neighbors) about the debt.
Who it affects
Collection agencies, debt buyers, collection law firms, and creditor first-parties operating within the 9th Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington).
What you must do
Review internal procedures to ensure e-filing to attorneys is documented as compliant; no immediate changes needed but consider updating training materials to reflect this precedent.
Deadline
No specific deadline; the ruling is effective immediately for cases within the 9th Circuit.
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