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).
- Decided 07/28/2004
- Published 07/28/2004
W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, PRADO and PICKERING, Circuit Judges.
United States Fifth Circuit
Matthew Brian Probus (argued), Wauson & Associates, Sugar Land, TX, for Plaintiff-Appellant.
David C. Sander (argued), Scanlan, Buckle & Young, Austin, TX, for Defendant-Appellee.