Legal Opinion · Dissent
Chaille Dubois v. Atlas Acquisitions LLC
Court of Appeals for the Fourth Circuit
Decided August 25, 2016No. 15-1945Published
1DissentDiaz, Circuit Judge
I join Part III of the majority opinion, which concludes that filing a proof of claim is debt-collection activity regulated by the Fair Debt Collection Practices ■ Act (FDCPA), 15 U.S.C. § 1692 et seq.
And while I agree that Atlas’s time-barred claim is a “claim” under the Bankruptcy Code (as the majority concludes in Part PV.A), I cannot agree that Atlas’s alleged conduct is consistent with the FDCPA (or the Maryland Consumer Debt Collection Act (MCDCA), Md. Code Ann., Com. Law § 14-201 et seq.).1 Atlas buys the time-barred debt of people in bankruptcy and tries to collect by filing proofs of…
2Cases cited17 opinions
- National Ass'n of Home Builders v. Defenders of WildlifeSupreme Court of the United States · 2007
- Watt v. AlaskaSupreme Court of the United States · 1981
- Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.Supreme Court of the United States · 2010
- Diane Russell v. Absolute Collection ServicesCourt of Appeals for the Fourth Circuit · 2014
- Donna Marie Walls, on Behalf of Herself and All Others Similarly Situated v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 2002
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