FDCPA

Listen to this article

7^th Circuit Court of Appeals

Case Name: Ronald Oliva v. Blatt, Hasenmiller, Leibsker & Moore, LLC

Case No.: 15-2516

Officials: BAUER, FLAUM, and MANION, Circuit Judges.

Focus: FDCPA

FDCPA protects debt collector from liability for engaging in conduct that was expressly permitted under controlling law in effect at the time, but was later prohibited after a retroactive change in law.

“This is not to say that Blatt did not exercise any independent judgment in deciding where to sue in Cook County. In deciding whether to file suit at the Daley Center, Blatt had to determine both that Oliva resided in Cook County, and that in light of that fact the Daley Center was an appropriate venue under Newsom. Neither of Blatt’s independent judgments in this regard, however, involved a legal interpretation of the FDCPA. Moreover, even if Blatt’s violation was the result of its own interpretation of the law, Jerman still would not apply, for Blatt’s interpretation was not mistaken when it was made. That is, assuming Blatt independently interpreted the control‐ ling law of Newsom before filing suit, its interpretation was undisputedly correct, since it relied on Newsom to file suit exactly where Newsom allowed. That Blatt’s conduct would later be deemed a violation under Suesz is not the result of Blatt’s mistaken interpretation of the FDCPA, but of a retroactive change of law that was entirely outside Blatt’s control.”

Affirmed

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.