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10-1376 O’Rourke v. Palisades Acquisition XVI, LLC

By: WISCONSIN LAW JOURNAL STAFF//March 17, 2011//

10-1376 O’Rourke v. Palisades Acquisition XVI, LLC

By: WISCONSIN LAW JOURNAL STAFF//March 17, 2011//

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Consumer Protection
FDCPA

The Fair Debt Collection Practices Act does not extend to communications meant to mislead a judge, rather than the consumer.

“[W]when read in light of the Act’s purpose and numerous provisions, the prohibitions are clearly limited to communications directed to the consumer and do not apply to state judges. The Act is meant ‘to protect consumers against debt collection abuses.’ 15 U.S.C. § 1692(e). To accomplish this purpose, § 1692e broadly prohibits a debt collector from using ‘any false, deceptive, or misleading representation or means in connection with the collection of any debt.’ Id. § 1692e. Many of the specific instances of conduct that violate this Section are protections for consumers. They keep consumers from being intimidated or tricked by debt collectors. With this focus on the consumer, we have noted that ‘[t]he purpose of the Fair Debt Collection Practices Act is to protect consumers.’ Muha v. Encore Receivable Mgmt., Inc., 558 F.3d 623, 627 (7th Cir. 2009). And its provisions revolve around its purpose: ‘The statute is designed to provide information that helps consumers to choose intelligently.’ Hahn v. Triumph P’ships LLC, 557 F.3d 755, 757 (7th Cir. 2009). Naturally we have used that understanding of the Act to interpret § 1692e, holding that to be actionable a misleading statement must have the ability to influence a consumer’s decision. Hahn, 557 F.3d at 758 (‘A statement cannot mislead unless it is material, so a false but non-material statement is not actionable.’); accord Miller v. Javitch, Block & Rathbone, 561 F.3d 588, 596 (6th Cir. 2009).”

Affirmed.

10-1376 O’Rourke v. Palisades Acquisition XVI, LLC

Appeal from the United States District Court for the Northern District of Illinois, Norgle, J., Manion, J.

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