CHICAGO ―
David M. Schultz,
Stephen R. Swofford and
Justin M. Penn, attorneys in the
Chicago office of Hinshaw & Culbertson LLP, recovered a ruling in favor of defendant debt collector in a consumer class action case before the U.S. Court of Appeals for the Seventh Circuit. Hinshaw also successfully defended the case at the trial level.
The case concerned credit card debt incurred by plaintiff debtor that was ultimately sold to defendant debt collector after having previously been sold to several others. The debt collector sued the debtor after failing to collect on the debt. The debt collector attached to its complaint an exhibit closely resembling a credit card statement listing the balance owed by the debtor and placing the debt collector in the place of the issuer. After the debt collector voluntarily dismissed its case, the debtor sued the debt collector in federal court claiming that the subject attachment violated the Fair Debt Collection Practices Act (FDCPA). The debtor argued that the attachment was actionable because it was meant to mislead the state court judge. The district court granted summary judgment for the debt collector.
On appeal, the Seventh Circuit agreed with the debt collector that the FDCPA’s scope does not cover communications that could deceive the court. The ruling is especially significant because the U.S. Courts of Appeal for the Sixth and Ninth Circuits have decided otherwise.
Founded in 1934, Hinshaw & Culbertson LLP is a national law firm with approximately 500 lawyers in 24 offices spanning 12 states, including
Arizona,
California,
Florida,
Illinois,
Indiana,
Massachusetts,
Minnesota,
Missouri,
New York,
Oregon,
Rhode Island and
Wisconsin.
Hinshaw offers a full-service practice, with an emphasis in litigation, business law and corporate transactions, environmental, intellectual property, labor and employment law, professional liability defense, estate planning and taxation matters. The firm represents a range of for-profit and not-for-profit clients in industries that include alarm and security services, construction, financial services, health care, hospitality, insurance, lawyers and law firms, manufacturing, real estate, retail and transportation. Hinshaw clients also include government agencies, municipalities and schools.