Legal Opinion

Muha v. Encore Receivable Management, Inc.

Court of Appeals for the Seventh Circuit

Decided March 10, 2009No. 07-3581PublishedCited by 59 opinions

1Opinion of the Court

POSNER, Circuit Judge.

The Fair Debt Collection Practices Act, so far as relates to this case, forbids a debt collector (which the defendant is) to “use any false, deceptive, or misleading representation ... in connection with the collection of any debt.” 15 U.S.C. § 1692e. The defendant sent a dunning letter to credit card debtors, including the plaintiffs and the 7,000 or so other members of the class that the plaintiffs represent, which states (with irrelevant boilerplate language omitted):

The above referenced account has been referred to our office for collection of the balance in full.…

2Cases cited24 opinions

  1. Donna M. Russell v. Equifax A.R.S., and Cbi CollectionsCourt of Appeals for the Second Circuit · 1996
  2. Michael Durkin and Loretta Reed, Individually and on Behalf of All Others Similarly Situated v. Equifax Check Services, Inc., a Delaware CorporationCourt of Appeals for the Seventh Circuit · 2005
  3. Anthony Graziano v. Michael HarrisonCourt of Appeals for the Third Circuit · 1991
  4. Curtis Bartlett v. John A. Heibl and John A. Heibl, Attorney at LawCourt of Appeals for the Seventh Circuit · 1997
  5. James A. Swanson, Plaintiff-Appellant-Cross-Appellee v. Southern Oregon Credit Service, Inc., Defendant-Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 1989

19 more not listed; retrieve them via the Exa API.

3Cited by59 opinions

  1. Ruth v. Triumph PartnershipsCourt of Appeals for the Seventh Circuit · 2009
  2. Uncommon, LLC v. Spigen, Inc.Court of Appeals for the Seventh Circuit · 2019
  3. Anne O' Boyle v. Real Time Resolutions, Inc.Court of Appeals for the Seventh Circuit · 2018
  4. Evans v. Portfolio Recovery Assocs., LLCCourt of Appeals for the Seventh Circuit · 2018
  5. Grden v. Leikin Ingber & Winters PCCourt of Appeals for the Sixth Circuit · 2011

54 more not listed; retrieve them via the Exa API.

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