FDCPA Violations

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7^th Circuit Court of Appeals

Case Name: Katiuska Bravo v. Midland Credit Management, Inc., & Midland Funding, LLC

Case No: 15-1231

Officials: KANNE, SYKES, Circuit Judges, and GILBERT, District Judge

Focus: FDCPA Violations

After settlement of debt, company sends letter requesting payment of same debt and debtor files claim for FDCPA violation. Case dismissed for failure to state a claim.

“Lastly, Bravo argued that the letters violate §1692e(5) of the FDCPA. She alleges that the letters contained threats of actions that Midland was not legally able to take. The first threat was demanding payment of debts eliminated by settlement. The second threat was the statement, “[T]his account may still be reported on your credit report as unpaid.” These arguments were not brought at the district level, and arguments not raised to the district court are waived on appeal. See Puffer v. Allstate Ins. Co., 675 F.3d 709, 718 (7th Cir. 2012); Brown v. Auto. Components Holding, LLC, 622 F.3d 685, 691 (7th Cir. 2010); Robyns v. Reliance Standard Life Ins. Co., 130 F.3d 1231, 1238 (7th Cir. 1997).”

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.