Legal Opinion

Chad Schlosser and Frances Schlosser v. Fairbanks Capital Corporation

Court of Appeals for the Seventh Circuit

Decided April 16, 2003No. 01-3487PublishedCited by 92 opinions

1Opinion of the Court

WILLIAMS, Circuit Judge.

Fairbanks Capital Corp. acquired 12,800 allegedly delinquent high-interest mortgages from ContiMortgage, including one owed by the plaintiffs, Chad and Frances Schlosser. Identifying itself as a debt collector, Fairbanks sent the Schlossers a letter asserting that the debt was in default. Fairbanks was mistaken; the Schlossers were not in default. The Schlossers filed suit claiming that Fairbanks’s letter failed to notify them of their right to contest the debt, as required by the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692g(a). Fairbanks’s mistake, as…

2Cases cited14 opinions

  1. Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989
  2. United States v. X-Citement Video, Inc.Supreme Court of the United States · 1994
  3. Green v. Bock Laundry MacHine Co.Supreme Court of the United States · 1989
  4. Ken Baker v. G. C. Services CorporationCourt of Appeals for the Ninth Circuit · 1982
  5. 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

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3Cited by92 opinions

  1. Ruth v. Triumph PartnershipsCourt of Appeals for the Seventh Circuit · 2009
  2. McKinney v. Cadleway Properties, Inc.Court of Appeals for the Seventh Circuit · 2008
  3. Bridge v. Ocwen Federal Bank, FSBCourt of Appeals for the Sixth Circuit · 2012
  4. Federal Trade Commission v. Check Investors, Inc.Court of Appeals for the Third Circuit · 2007
  5. Keith Davidson v. Capital One Bank (USA), N.A.Court of Appeals for the Eleventh Circuit · 2015

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