United States Seventh Circuit

In a class-action suit charging defendant, a collector for Cingular Wireless, with violations of the Fair Debt Collection Practices Act (FDCPA) and the Wisconsin Consumer Act, summary judgment for plaintiffs with respect to their FDCPA claim and one state claim is affirmed where: 1) neither the cell phone contracts on which defendant sought to collect nor state law authorized defendant to charge a separate collection fee; and 2) defendant could not invoke the FDCPA's bona fide error defense because it did not use reasonable procedures to avert a violation of the act.

Appellate Information

• Decided 12/08/2008
• Published 12/08/2008

Judges

• WOOD, Circuit Judge., Before BAUER, CUDAHY, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• John D. Blythin, Corey M. Mather (argued), Ademi & O'Reilly, Cudahy, WI, for Plaintiffs-Appellees., Christine Olson McTigue, Hinshaw & Culbertson, Chicago, IL, David J. Hanus (argued), Hinshaw & Culbertson, Milwaukee, WI, for Defendant-Appellant.