Legal Opinion

Midland Funding, LLC v. Johnson

Supreme Court of the United States

Decided May 15, 2017No. 16-348PublishedCited by 119 opinions

1Opinion of the CourtJustice Breyer

The Fair Debt Collection Practices Act, 91 Stat. 874, 15 U.S.C. § 1692 et seq., prohibits a debt collector from asserting any “false, deceptive, or misleading representation,” or using any “unfair or unconscionable means” to collect, or attempt to collect, a debt, §§ 1692e, 1692f. In this case, a debt collector filed a written statement in a Chapter 13 bankruptcy proceeding claiming that the debtor owed the debt collector money. The statement made clear, however, that the 6-year statute of limitations governing collection of the claimed debt had long since run. The question before us is…

Also in this document: Dissent.

2Cases cited38 opinions

  1. United States v. KubrickSupreme Court of the United States · 1979
  2. Johnson v. Home State BankSupreme Court of the United States · 1991
  3. Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
  4. Bates v. State Bar of ArizonaSupreme Court of the United States · 1977
  5. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990

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3Cited by119 opinions

  1. Steven Demarais v. Gurstel Chargo, P.A.Court of Appeals for the Eighth Circuit · 2017
  2. Arias v. Gutman, Mintz, Baker & Sonnenfeldt LLPCourt of Appeals for the Second Circuit · 2017
  3. Marshall Gross v. Citimortgage, Inc.Court of Appeals for the Ninth Circuit · 2022
  4. Roth v. Nationstar Mortg., LLC (In Re Roth)Court of Appeals for the Eleventh Circuit · 2019
  5. Morales-Melecio v. United StatesCourt of Appeals for the First Circuit · 2018

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