Legal Opinion
Margaret Walker v. National Recovery, Inc.
Court of Appeals for the Seventh Circuit
Decided December 21, 1999No. 99-2119PublishedCited by 117 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Notices sent to debtors must not confuse them about the verification rights established by the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692o. See Bartlett v. Heibl, 128 F.3d 497 (7th Cir.1997). How a particular notice affects its audience is a question of fact, which may be explored by testimony and devices such as consumer surveys. We held accordingly in Johnson v. Revenue Management Corp., 169 F.3d 1057 (7th Cir.1999), that a complaint alleging that a particular notice confuses recipients may not be dismissed under Fed.R.Civ.P. 12(b)(6)- — not only…
2Cases cited26 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Pullman-Standard v. SwintSupreme Court of the United States · 1982
- Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
21 more not listed; retrieve them via the Exa API.
3Cited by117 opinions
- 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
- Ryan Boucher v. Finance System of Green Bay, ICourt of Appeals for the Seventh Circuit · 2018
- Kenneth A. McCready v. Ebay, Inc., Bruce Kamminga, and David McDuffeeCourt of Appeals for the Seventh Circuit · 2006
- George Wilson, on Behalf of Himself and All Others Similarly Situated v. Quadramed Corporation, George WilsonCourt of Appeals for the Third Circuit · 2000
- April McMillan v. Collection Professionals, Incorporated, an Illinois CorporationCourt of Appeals for the Seventh Circuit · 2006
112 more not listed; retrieve them via the Exa API.