By: Derek Hawkins//April 18, 2017//
7th Circuit Court of Appeals
Case Name: Kimberly Aker v. Americollect, Inc., et al
Case No.: 16-3663
Officials: WOOD, Chief Judge, and FLAUM and EASTERBROOK, Circuit Judges
Focus: FDCPA Violation
Plaintiffs received medical services but did not pay their bills. Their providers referred the debts to defendants, and dunning letters ensued. The debt collectors demanded payment not only of the principal sums but also of 5% per annum interest. Plaintiffs contend that this violates 15 U.S.C. §1692g(a)(1), part of the Fair Debt Collection Practices Act, which says that debt collectors must
specify the amount of the debt, plus other provisions of state and federal law. According to plaintiffs, Wisconsin law provides for interest (in the absence of a contractual provision) only if a debt has been reduced to judgment, and any prejudgment request for interest is forbidden.
Affirmed