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FDCPA Violation
By: Derek Hawkins//September 4, 2018//
Listen to this article7th Circuit Court of Appeals
Case Name: Andrew Schlaf, et al. v. Safeguard Property, LLC,
Case No.: 17-2811
Officials: RIPPLE, KANNE, and HAMILTON, Circuit Judges.
Focus: FDCPA Violation
Andrew and Wendy Schlaf brought this action against Safeguard Property, LLC, alleging violations of the Fair Debt Collection Practices Act (“FDCPA”). Specifically, they claim that Safeguard is a debt collector under the statute and failed to comply with various obligations imposed on debt collectors under the statute. The parties filed cross‐motions for summary judgment. The district court ruled that Safeguard is not a “debt collector” under the FDCPA and therefore granted summary judgment to Safeguard. Because Safeguard’s actions were too attenuated from Green Tree’s own debt‐collection efforts, we hold that the district court was correct to conclude that Safeguard is not a debt collector. We therefore affirm its judgment.
Affirmed
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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