United States Seventh Circuit

In a challenge brought under the Fair Debt Collection Practices Act, district court's grant of defendant's motion for summary judgment is affirmed in part and reversed where: 1) a consumer survey conducted by plaintiff's was properly excluded as it was misleading and had no control group; and 2) there is confusing language in the disputed collection letter that could have an intimidating effect on a recipient, requiring further explanation by the defendant and making the grant of summary judgment premature.

Appellate Information

• Decided 03/10/2009
• Published 03/10/2009

Judges

• POSNER, Circuit Judge., Before POSNER, KANNE, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• John D. Blythin (argued), Corey M. Mather, Ademi & O'Reilly, Cudahy, WI, for Plaintiffs-Appellants.


• For Appellees:
  
• David M. Schultz (argued), Hinshaw & Culbertson, Chicago, IL, for Defendant-Appellee.