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FDCPA Violation

By: Derek Hawkins//May 14, 2018//

FDCPA Violation

By: Derek Hawkins//May 14, 2018//

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7th Circuit Court of Appeals

Case Name: Katherine Evans v. Portfolio Recovery Associates, LLC., et al.

Case No.: 17-1773; 17-1860; 17-1866; 17-2622; 17-2756; 18-1374

Officials: WOOD, Chief Judge, and FLAUM and EASTERBROOK, Circuit Judges.

Focus: FDCPA Violation

This appeal concerns four consolidated cases involving similar alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692e(8). Plaintiffs defaulted on credit cards, and defendant Portfolio Recovery Associates (“PRA”), an Illinois debt collection agency, bought the accounts for collection. The Debtors Legal Clinic (the “Clinic”) sent separate letters on behalf of each plaintiff to PRA, stating “the amount reported is not accurate.” PRA later reported each debt to credit reporting agencies without noting that the debt was “disputed.” Plaintiffs each filed a suit against PRA for violations of the FDCPA, alleging that PRA communicated their debts to credit reporting agencies without indicating they had disputed the debt. The district courts granted summary judgment in favor of plaintiffs. We affirm.

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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