Legal Opinion
Murphy v. Stupar
District Court, W.D. Wisconsin
Decided August 20, 2018No. 17-cv-568-jdpPublishedCited by 1 opinion
1Opinion of the CourtJames D. Peterson, District Judge
Plaintiff Patricia Murphy is suing defendant Stupar, Schuster & Bartell, SC for bringing a debt collection lawsuit against her on a debt that was not legally enforceable, in violation of the Fair Debt Collection Practices Act. Stupar has moved for summary judgment, Dkt. 22, contending that the FDCPA did not bar the collections suit.
The court will deny Stupar's motion for summary judgment for essentially the same reasons that the court denied Stupar's motion to dismiss, Dkt. 5. In short, binding precedent allows debtors to sue lawyers under the FDCPA for bringing debt collection lawsuits that…
2Cases cited25 opinions
- Martinez v. CaliforniaSupreme Court of the United States · 1980
- Heintz v. JenkinsSupreme Court of the United States · 1995
- Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.Supreme Court of the United States · 2010
- Stephen P. Turner v. J.V.D.B. & Associates, Inc., an Illinois CorporationCourt of Appeals for the Seventh Circuit · 2003
- Jeanette Randolph v. Imbs, Inc., Cheryl Alexander v. Unlimited Progress Corp., Cross-Appellee. Jennifer J. Cross v. Risk Management Alternatives, Inc.Court of Appeals for the Seventh Circuit · 2004
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3Cited by1 opinion
- Rossi, Natalie v. Kohn Law Firm, S.C.District Court, W.D. Wisconsin · 2020