Free Newsletter
FDCPA Violation
By: Derek Hawkins//January 30, 2018//
Listen to this article7th 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
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.
Polls
Loading ...Legal News
- Former law enforcement praise state’s response brief in Steven Avery case
- Eric Toney announces re-election bid for Fond du Lac County District Attorney
- Former Wisconsin Democratic Rep. Peter Barca announces new bid for Congress
- Republicans file lawsuit challenging Evers’s partial vetoes to literacy bill
- More human remains believed those of missing woman wash up on Milwaukee Co. beach
- Vice President Harris returning to Wisconsin for third visit this year
- Wisconsin joins Feds, dozens of states to hold airlines accountable for bad behavior
- Trump ahead of Biden in new Marquette poll
- Bankruptcy court approves Milwaukee Marriott Downtown ‘business as usual’ motion
- New Crime Gun Intelligence Center to launch in Chicago
- Arrest warrant proposed for Minocqua Brewing owner who filed Lawsuit against Town of Minocqua
- Wisconsin Supreme Court justices question how much power Legislature should have
WLJ People
- Power 30 Personal Injury Attorneys – Russell Nicolet
- Power 30 Personal Injury Attorneys – Benjamin Nicolet
- Power 30 Personal Injury Attorneys – Dustin T. Woehl
- Power 30 Personal Injury Attorneys – Katherine Metzger
- Power 30 Personal Injury Attorneys – Joseph Ryan
- Power 30 Personal Injury Attorneys – James M. Ryan
- Power 30 Personal Injury Attorneys – Dana Wachs
- Power 30 Personal Injury Attorneys – Mark L. Thomsen
- Power 30 Personal Injury Attorneys – Matthew Lein
- Power 30 Personal Injury Attorneys – Jeffrey A. Pitman
- Power 30 Personal Injury Attorneys – William Pemberton
- Power 30 Personal Injury Attorneys – Howard S. Sicula
