Read GOSWAMI v. AMERICAN COLLECTIONS ENTER., INC., 03-20834

Dismissal of plaintiff's claim of improper collection practices in violation of the Fair Debt Collections Practices Act (FDCPA) is reversed where defendant's collection letter, which leads an unsophisticated consumer to falsely believe that the settlement offer is one time, take-it-or-leave-it offer, is deceptive and violates FDCPA section 1692e(10).

Appellate Information

• Decided 07/28/2004
• Published 07/28/2004

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, PRADO and PICKERING, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Matthew Brian Probus (argued), Wauson & Associates, Sugar Land, TX, for Plaintiff-Appellant.


• For Appellees:
  
• David C. Sander (argued), Scanlan, Buckle & Young, Austin, TX, for Defendant-Appellee.