Legal Opinion
Johnson v. Enhanced Recovery Co.
District Court, N.D. Indiana
Decided January 17, 2017No. 2:16-cv-00330-PPS-APRPublishedCited by 2 opinions
1Opinion of the Court
OPINION AND ORDER
PHILIP P. SIMON, CHIEF JUDGE, UNITED STATES DISTRICT COURT
Erin Johnson claims that the dunning letter she received from Enhanced Recovery Company, LLC (“ERC”), a debt collector, was false or misleading in violation of the Fair Debt Collection Practices Act. ERC seeks dismissal of the case, arguing that the letter is plainly neither false nor misleading. The Seventh Circuit has instructed that whether a debt collection letter is misleading under the FDCPA turns on questions of fact. Dismissal is permitted in only the most extreme cases, when no reasonable consumer could be…
2Cases cited24 opinions
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- Erickson v. PardusSupreme Court of the United States · 2007
- Runnion Ex Rel. Rsunnion v. Girl Scouts of Greater ChicagoCourt of Appeals for the Seventh Circuit · 2015
- Equal Employment Opportunity Commission v. Concentra Health Services, Inc.Court of Appeals for the Seventh Circuit · 2007
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3Cited by2 opinions
- Cadiz v. Credence Resource Management, LLCDistrict Court, N.D. Illinois · 2018
- Spitz v. Nationwide Credit, Inc.District Court, E.D. New York · 2020