FDCPA Violations

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7^th Circuit Court of Appeals

Case Name: Erick Marquez, et al v. Weinstein, Pinson & Riley, P.S.

Case No.: 15-3273

Officials: WOOD,Chief Judge, and POSNER and ROVNER, Circuit Judges

Focus: FDCPA Violations

Court improperly analyzes complaint in debt collection suit, leading to improper dismissal of plaintiff claims. Statements made by defendants were misleading and deceitful.

“Magnifying the problem, that sentence regarding the 30- day period to dispute the debt mirrored the earlier demand letter to the consumers informing them of their rights to dispute the debt. The inclusion of that sentence in the complaint would lead an unsophisticated consumer to believe that she must dispute the debt through the procedures outlined in the earlier letter, rather than in an answer in court, or she would forfeit her right to contest the debt. That would place the consumers at risk of losing their rights in court if they disputed the debt through contact with the debt collectors rather than in the form of an answer.”

Reversed and remanded

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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.