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Debt Collection – FDCPA

By: Derek Hawkins//April 11, 2016//

Debt Collection – FDCPA

By: Derek Hawkins//April 11, 2016//

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7TH Circuit Court of Appeals

Case Name: Mary T. Janetos, et al v. Fulton Friedman & Gullace, LLP, et al

Case No.: 15-1859

Officials: BAUER and HAMILTON, Circuit Judges, and PETERSON, District Judge

Focus: Debt Collection – FDCPA

Appellant argues that respondent failed to disclose current creditor name in correspondence for debt collection – letters found to be unclear and in violation of FDCPA

“Second and more fundamental, even where a consumer would recognize Asset Acceptance as having owned the debt at some time in the past (perhaps from pre‐lawsuit collection efforts or the lawsuit itself), the form letter said that the “ac‐ count” had since been “transferred” from Asset Acceptance to Fulton. Defendants do not explain how, in light of this language, an understanding of Asset Acceptance’s former role would have shown its current role”

Reversed and Remanded

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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