Legal Opinion

Michael Rizzo and Louise Rizzo v. Pierce & Associates

Court of Appeals for the Seventh Circuit

Decided January 16, 2004No. 02-4129PublishedCited by 16 opinions

1Opinion of the Court

BAUER, Circuit Judge.

The plaintiffs brought this action under the Fair Debt Collections Practices Act (FDCPA) claiming that defendant unlawfully charged post-acceleration, pre-rein-*792statement late fees on a mortgage loan because the mortgage and note did not unambiguously authorize the late fees. We find the collection of those late fees to be lawful and affirm the district court’s grant of summary judgment in favor of defendant.

BACKGROUND

Plaintiffs, Michael and Louise Rizzo, obtained a home mortgage loan and signed a promissory note on the mortgage. Some time after signing both of these…

2Cases cited16 opinions

  1. John Ryan, on Behalf of Himself and a Class of Others Similarly Situated v. Chromalloy American CorporationCourt of Appeals for the Seventh Circuit · 1989
  2. Lasalle National Bank v. Service Merchandise Co.Court of Appeals for the Seventh Circuit · 1987
  3. Penny Jo Bechtold v. Physicians Health Plan of Northern Indiana, IncorporatedCourt of Appeals for the Seventh Circuit · 1994
  4. Federal National Mortgage Ass'n v. MebaneAppellate Division of the Supreme Court of the State of New York · 1994
  5. Federal Deposit Insurance v. Napert-Boyer PartnershipConnecticut Appellate Court · 1996

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

3Cited by16 opinions

  1. Freeland v. Enodis Corp.Court of Appeals for the Seventh Circuit · 2008
  2. Utility Audit, Inc. v. Horace Mann Service CorporationCourt of Appeals for the Seventh Circuit · 2004
  3. Camille Haddad v. Alexander, Zelmanski, Danner & FiorittoCourt of Appeals for the Sixth Circuit · 2014
  4. McDermott v. Marcus, Errico, Emmer & Brooks, P.C.District Court, D. Massachusetts · 2012
  5. 4 B'S REALTY 1530 CR39, LLC v. ToscanoDistrict Court, E.D. New York · 2011

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

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