Please ensure Javascript is enabled for purposes of website accessibility

FDCPA Violation

By: Derek Hawkins//July 1, 2019//

FDCPA Violation

By: Derek Hawkins//July 1, 2019//

Listen to this article

7th Circuit Court of Appeals

Case Name: Jessica Smith, et al. Simm Associates, Inc.

Case No.: 18-3350; 19-1155

Officials: FLAUM, KANNE, and SYKES, Circuit Judges.

Focus: FDCPA Violation

This is the consolidated appeal of two actions under the Fair Debt Collection Practices Act, 15 U.S.C. § 1601 et seq. In both cases, debt collector Simm Associates, Inc. sent debtors a form letter stating the name of the “original creditor”—Comenity Capital Bank—and the “client”—PayPal Credit. Debtors sued, alleging the letters violate § 1692g(a)(2) because they fail to identify the name of the creditor to whom the debt is currently owed. The district courts granted summary judgment for the debt collector. We affirm.

Affirmed

Full Text


Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests