Legal Opinion

James A. Shula v. Paul D. Lawent and J.V.D.B. Associates, Inc.

Court of Appeals for the Seventh Circuit

Decided February 26, 2004No. 03-3194PublishedCited by 24 opinions

1Opinion of the Court

POSNER, Circuit Judge.

The Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq., forbids a debt collector (which the corporate defendant and its lawyer, the individual defendant, are conceded to be) to collect any amount of money “(including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.” § 1692f(l). The defendants are accused by the plaintiff, James Shula, of violating not only that section but also section 1692e, which forbids the use of…

2Cases cited19 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Evans v. Jeff D. Ex Rel. JohnsonSupreme Court of the United States · 1986
  3. Venegas v. MitchellSupreme Court of the United States · 1990
  4. Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield, in No. 99-3856 v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. In No. 99-3857 Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield, in No. 99-4049 v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb, in No. 99-3858 v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp Inc. Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp Inc. In No. 99-3859 Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb, in No. 99-3898 v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp IncCourt of Appeals for the Third Circuit · 2000
  5. Johnson v. RiddleCourt of Appeals for the Tenth Circuit · 2002

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3Cited by24 opinions

  1. Foster v. D.B.S. Collection AgencyDistrict Court, S.D. Ohio · 2006
  2. Hester v. Graham, Bright & Smith, P.C.Court of Appeals for the Fifth Circuit · 2008
  3. Samuel S. Stive v. United StatesCourt of Appeals for the Seventh Circuit · 2004
  4. Andrews v. South Coast Legal Services, Inc.District Court, D. Massachusetts · 2008
  5. Ricardo Gomez v. Cavalry Portfolio Services, LCourt of Appeals for the Seventh Circuit · 2020

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