Justia Consumer Law Opinion Summaries

Bravo sued Midland for violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692. Midland agreed to forgive two of Bravo’s debts (GE/Lowe’s and Citibank/Sears) as part of a settlement agreement. Philipps, an attorney who specializes in consumer litigation, represented Bravo. After the settlement, Midland sent two letters addressed to Bravo at Philipps' office. The letters were received at Philipps’ business office and were basically identical. One requested the payment of the GE/Lowe’s account and the other requested the payment of the Citibank/Sears account. Philipps did not forward the correspondence to his client, but opened and reviewed the content of the letters. Bravo filed another claim, asserting that the letters violated sections 1692c,e of the FDCPA which prohibit contact with a consumer regarding debts once the consumer notifies the debt collector that she is represented by counsel, prohibit a debt collector from continuing to communicate a demand for payment to a consumer once the consumer has refused to pay, and prohibit false and misleading statements. The Seventh Circuit affirmed dismissal. The letters were not continued communication to a consumer and would not have deceived a competent attorney who was aware that the debts had been resolved. View "Bravo v. Midland Credit Mgmt., Inc" on Justia Law

In 2011, Nationwide Credit Corporation, a debt-collection agency - telephoned Gregory Leeb about an unpaid medical bill. Leeb mailed and faxed a letter to Nationwide disputing the debt. A few days later, Nationwide sent Leeb a letter asking him to provide additional information and instructing him to detach the upper portion of the letter and “return with payment.” The bottom portion stated that the communication was “from a debt collector attempted to collect a debt.” Leeb sued, arguing that Nationwide violated the Fair Debt Collection Practices Act (FDCPA) - which required Nationwide to “cease collection” until it verified the debt - by sending the letter. The district court granted summary judgment in favor of Leeb. The Seventh Circuit affirmed, holding (1) Nationwide’s letter, objectively viewed, was an attempt to collect the debt; and (2) Nationwide’s violation was not excused under FDCPA’s “bona fide error” provision. View "Leeb v. Nationwide Credit Corp." on Justia Law