FDCPA Violation

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7^th Circuit Court of Appeals

Case Name: Casimer Zablocki, et al., v. Merchants Credit Guide Co.,

Case No.: 19-2045

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

Focus: FDCPA Violation

As its name suggests, the Fair Debt Collection Practices Act (“FDCPA”) prohibits debt collection practices that are “unfair.” 15 U.S.C. § 1692f. This case tests the bounds of that term. Casimer Zablocki and Regina Johnson received medical services and did not remit their parts of the bills. The medical- service providers turned to Merchants Credit Guide for debt collection, and Merchants eventually reported the unpaid debts to a consumer reporting agency. When Merchants reported the debts, it listed separately the debt for each medical-service charge. Zablocki and Johnson sued Merchants on the theory that reporting the obligations separately, rather than aggregating them together, was an “unfair” way to collect the debts under § 1692f of the FDCPA.

The district court dismissed this theory as unsupported by the FDCPA’s prohibition of “unfair or unconscionable” means to collect a debt. 15 U.S.C. § 1692f. We affirm.

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.