United States Seventh Circuit

Summary judgment for creditor in a suit under the Fair Debt Collection Practices Act is reversed and remanded where: 1) the creditor did not communicate with the debtor in its own name, which subjected it to the requirements of the Act; and 2) debtor was entitled to state a claim under the Real Estate Settlement Procedures Act alleging that he did not receive notice of the negotiability of a note he entered into.

Appellate Information

• Argued 10/20/2006
• Decided 12/14/2006
• Published 12/14/2006

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and BAUER and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Robert K. O'Reilly (argued), Ademi & O'Reilly, Cudahy, WI, for Plaintiff-Appellant.


• For Appellees:
  
• Mary C. Turke (argued), Michael Best & Friedrich, Madison, WI, for Defendant-Appellee.