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