Collection Costs

By: Derek Hawkins//August 13, 2019//

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7^th Circuit Court of Appeals

Case Name: Joseph Bernal v. NRA Group, LLC,

Case No.: 17-3629

Officials: RIPPLE, MANION, and SYKES, Circuit Judges.

Focus: Collection Costs

Joseph Bernal bought a monthly pass to Six Flags amusement parks. The contract said that if he fell behind on his payments, he would “be billed for any amounts that are due and owing plus any costs (including reasonable attorney’s fees) incurred by [Six Flags] in attempting to collect amounts due.” This case asks whether a debt collector’s fee counts as a collection cost under that language. We hold that it does. The contract unambiguously permits Six Flags to recover any cost it incurs in collecting past-due payments, and that includes a standard collection fee.

Affirmed

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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.

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