Legal Opinion
Greene v. Douglas, Knight & Associates, Inc. (In Re Cheaves)
United States Bankruptcy Court, M.D. Florida
Decided November 8, 2010No. Bankruptcy No. 8:09-bk-06369-CED. Adversary No. 8:09-ap-968-CEDPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
CARYL E. DELANO, Bankruptcy Judge.
The issue raised by the parties’ cross motions for summary judgment (Doc. Nos. 21, 25, 28) is whether, using the hypothetical least-sophisticated consumer test adopted by the Eleventh Circuit, a collection letter mailed by a debt collector falsely represented that it was from an attorney in violation of the Fair Debt Collection Practices Act (“FDCPA”) and the Florida Consumer Collection Practices Act (“FCCPA”). For the reasons that…
2Cases cited24 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Hickson Corp. v. Northern Crossarm Co.Court of Appeals for the Eleventh Circuit · 2004
- Christ Clomon v. Philip D. JacksonCourt of Appeals for the Second Circuit · 1993
- Donna M. Russell v. Equifax A.R.S., and Cbi CollectionsCourt of Appeals for the Second Circuit · 1996
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3Cited by1 opinion
- HARRELL v. CARRINGTON MORTGAGE SERVICES LLCDistrict Court, E.D. Pennsylvania · 2020