United States Seventh Circuit

In an action brought under the Fair Debt Collection Practices Act (FDCPA), district court's judgment is reversed and remanded with instructions to enter judgment in favor of plaintiff where: 1) as a matter of law, the letter and notice at issue were sent in connection with an attempt to collect a debt; 2) the notice constituted "a threat to take . . . action that cannot legally be taken," and a "false representation or deceptive means to collect or attempt to collect a[] debt"; and 3) plaintiff was entitled to summary judgment in her favor on defendants' assertion of the bona fide error defense.

Appellate Information

• Argued 05/05/2009
• Decided 08/17/2009
• Published 08/17/2009

Judges

• RIPPLE, Circuit Judge., Before RIPPLE and SYKES, Circuit Judges, and LAWRENCE, District Judge.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Daniel A. Edelman, James O. Latturner (argued), Edelman, Combs & Latturner, Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• Joseph S. Messer (argued), Messer & Stilp, Chicago, IL, for Defendants-Appellees.