FDCPA Violation

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7^th Circuit Court of Appeals

Case Name: Mario Loja v. Main Street Acquisition Corporation, et al.

Case No.: 17-2477

Officials: WOOD, Chief Judge, and ROVNER and BRENNAN, Circuit Judges.

Focus: FDCPA Violation

Mario Loja sued Main Street Acquisition Corporation and law firm Shindler & Joyce (collectively, “Main Street”) for violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and the Illinois Collection Agency Act, 225 ILL. COMP. STAT. 425/1 et seq. The district court dismissed the action, ruling that Loja was not a qualifying “consumer” under the language of the FDCPA. Loja appeals, contending he is a qualifying consumer and that his attorney properly preserved his right to amend the complaint. We agree that based on the text of the FDCPA and circuit precedent Loja is a qualifying consumer for purposes of the FDCPA. We reverse and remand for further proceedings and conclude Loja should be given leave to amend his complaint should he desire to do so.

Reversed and Remanded

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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.