United States Eighth Circuit

In an action under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. Section 1692 et seq., a collection letter, which states that the "only alternative" to the debtor signing a consent to appear in court voluntarily would be for the agency to request personal service by a sherriff, is not "literally false" under the statute, since it effectively conveys the consequences of failing to consent to appear.

Appellate Information

• Decided 01/28/2002
• Published 01/28/2002

Judges

• MURPHY, Circuit Judge., Before MURPHY and HEANEY, Circuit Judges, and PIERSOL, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Cary L. Flitter, argued, Narberth, PA, for appellant.


• For Appellees:
  
• Karen A. Haase, Lincoln, NE, for appellee.