Unlawful Collection Practices-Evidence

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7^th Circuit Court of Appeals

Case Name: Angela Flowers v. Kia Motors Finance

Case No.: 23-2270

Officials: Ripple, Brennan, and Jackson-Akiwumi, Circuit Judges.

Focus: Unlawful Collection Practices-Evidence

Angela Flowers had a car loan with Kia Motors Finance. One morning, she and her son noticed they were being followed by a truck. Flowers suspected it was an attempt by Kia to repossess her car due to late payments. She sued Kia, claiming unlawful collection practices. However, she couldn’t provide evidence linking Kia to the truck.

Initially, the district court ruled in favor of Kia with summary judgment. Flowers tried to include an earlier repossession attempt in her amended complaint, but the court deemed it unduly delayed. Moreover, she couldn’t substantiate Kia’s involvement with the truck incident.

Flowers appealed arguing she didn’t need district court approval to amend her complaint because Kia had already consented in writing. The court, however, found her amendment attempt was unduly delayed without a valid excuse, thus denying her motion.

The appeals court also upheld the district court’s summary judgment in favor of Kia. Flowers failed to present evidence linking Kia to the truck or its driver. Her legal argument relied on speculation and conjecture, which couldn’t overcome Kia’s motion for summary judgment. Consequently, the court determined there was no genuine dispute of material fact, affirming Kia’s entitlement to judgment as a matter of law.

Affirmed.

Decided 06/26/24

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