By: Derek Hawkins//January 30, 2018//
7th Circuit Court of Appeals
Case Name: Ryan Boucher, et al., Finance System of Green Bay, Inc., et al.,
Case No.: 17-2308
Officials: BAUER, FLAUM, and ROVNER, Circuit Judges
Focus: FDCPA Violation
Plaintiffs sued defendant, a debt collection agency, for violations of the Fair Debt Collection Practices Act (“FDCPA”). Specifically, plaintiffs allege that defendant’s dunning letters were false and misleading because they threatened to impose “late charges and other charges” that could not lawfully be imposed. The district court dismissed plaintiffs’ claims because the challenged statement mirrors the safe harbor language that this Court instructed debt collectors to use in Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, LLC, 214 F.3d 872 (7th Cir. 2000). The district court further held that defendant’s failure to remove the reference to “late charges and other charges” was not materially misleading. For the reasons below, we reverse.
Reversed