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FDCPA Violation

By: Derek Hawkins//August 3, 2020//

FDCPA Violation

By: Derek Hawkins//August 3, 2020//

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7th Circuit Court of Appeals

Case Name: Erin Johnson v. Enhanced Recovery Company, LLC,

Case No.: 19-1210; 19-1334

Officials: BAUER, ROVNER, and SYKES, Circuit Judges.

Focus: FDCPA Violation

Erin Johnson filed this putative class action against Enhanced Recovery Company, LLC (ERC), alleging that it sent her a misleading collection letter in violation of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. §§ 1692‐1692p. ERC moved to dismiss Johnson’s claim on the grounds that no reasonable consumer could have been misled by its letter. The district court denied ERC’s motion and certified a class composed of all individuals in Indiana who had received a collection letter like Johnson’s from ERC between July 2016 and August 2017. See Fed. R. Civ. P. 23(a) and (b)(3) (describing class certification requirements). On the parties’ cross motions for summary judgment, the district court entered judgment for ERC. Johnson appeals, and ERC cross appeals from the denial of its motion to dismiss Johnson’s complaint under Federal Rule of Civil Procedure 12(b)(6). Because Johnson failed to present any evidence beyond her own opinion that ERC’s letter was misleading, we affirm the judgment of the district court.

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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