Is a Debt Collector Collecting on a Dead Sposes Debt Subject to the FDCPA?

I read an interesting case on Plaintiff Jane Kinkade. Her  husband had passed away and a debt collector went after her for a debt of her deceased husband. The court ruled that she had standing to sue for FDCPA violations.

There is more to the story as her husband was famous, but we wont dig into that part of the story.

The court, based on foregoing findings, Defendant’s motion to dismiss Plaintiff’s claims pursuant to Fed. R. Civ. P. 12(b)(6) is GRANTED as to Plaintiff’s claims arising from Defendant’s alleged violations of 15 U.S.C. § 1692d, and DENIED as to Plaintiff’s claims arising from Defendant’s alleged violations of 15 U.S.C. §§ 1692e, 1692e(2), 1692e(3), 1692e(5), and 1692e(10).

If you find yourself in a similar situation or just want to check out an interesting FDCPA case, check out:

Kinkade v. Estate Info. Servs., LLC, No. CV 11–4787(AKT), 2012 WL 4511397 (E.D.N.Y. Sept. 28, 2012).

Fight the essential fight, Boiler


  1. Hi Boiler, I found you site last night and have read most of it. This article is the one that led me here. My husband passed away in April. Palisades calls me three or four times a day. I need your help. I am confused about how much you charge to help. Could you let me know soon? As you can imagine, I have limited resources. These calls are going to make me loose my mind. Bless you, Nancy (Sleepless in Seattle)

    • Nancy, There is no charge for what I do. I am a advocate that does not charge for anything.
      When Palisades calls you, is it on a land line or a cell phone?
      Also, you need to send them a dispute letter. There is a template on this site. That is your first step.
      Let me know what I can do to help. Feel free to email me for my phone number.
      Fight the essential fight, Boiler.

Add Comment

Required fields are marked *. Your email address will not be published.