United States Eleventh Circuit

In a Fair Debt Collection Practices Act (FDCPA) action alleging that defendant sent an unlawful collection letter, summary judgment for plaintiff is affirmed where a federal cause of action pursuant to section 1692e of the FDCPA for threatening to take an action that could not legally be taken was cognizable when premised upon failure to register as a consumer collection agency as required by state law. However, the judgment is reversed in part where: 1) there was an issue of fact as to whether defendant's letter constituted a threat under section 1692e of the FDCPA; and 2) plaintiff's 15 U.S.C. section 1692f claim was dependent in part upon his success under section 1692e(5) of the FDCPA.

Appellate Information

• Decided 03/30/2010
• Published 03/30/2010

Judges

• PER CURIAM:, Before MARCUS and HILL, Circuit Judges, and VOORHEES,District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Timothy Condon, Vollrath-Condon, P.A., Tampa, Fl, for LeBlanc.


• For Appellees:
  
• Joseph Nicholas Tucker, Dinsmore & Shohl, LLP, Louisville, KY, for Defendants-Appellants.