United States Sixth Circuit

Subjecting the sole member of an LLC to individual liability for violations of the Fair Debt Collection Practices Act (FDCPA) requires proof that the individual is a "debt collector," but does not require piercing of the corporate veil. In an action alleging numerous violations of the FDCPA and state consumer protection law brought against a lawyer and an LLC operating as both a law practice and a debt collection agency, summary judgment for defendants is reversed where: 1) defendant can be held individually liable as a "debt collector" under the FDCPA; and 2) a genuine issue of material fact existed as to whether a collection letter sent to plaintiff was deceptive.

Appellate Information

• Decided 02/26/2008
• Published 02/26/2008

Judges

• Before: MERRITT, GILMAN, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen R. Felson, Cincinnati, Ohio, for Appellant.   David P. Strup, Cooper & Walinski, Toledo, Ohio, for Appellees.   ON BRIEF:  Stephen R. Felson, Cincinnati, Ohio, Edward A. Icove, Icove Legal Group, Cleveland, Ohio, Steven C. Shane, Bellevue, Kentucky, for Appellant.   David P. Strup, Brandi L. Doniere, Cooper & Walinski, Toledo, Ohio, for Appellees.