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FDCPA Violation

By: Derek Hawkins//April 18, 2017//

FDCPA Violation

By: Derek Hawkins//April 18, 2017//

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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

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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.

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