Legal Opinion
Roxanne Daugherty v. Convergent Outsourcing, Inc.
Court of Appeals for the Fifth Circuit
Decided September 8, 2016No. 15-20392PublishedCited by 45 opinions
1Opinion of the Court
JAMES L. DENNIS, Circuit Judge:
The issue presented by -this appeal is whether a collection letter for a time-barred debt containing a discounted “settlement” offer — but silent as to the time bar and without any mention of litigation— could mislead an unsophisticated consumer to believe that the debt is enforceable in court, and therefore violate the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692-1692p. After receiving such a letter, the plaintiff credit card debtor sued the defendant debt collectors pursuant to the FDCPA. The district court dismissed the complaint, holding…
2Cases cited16 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Natasha Whitley v. John HannaCourt of Appeals for the Fifth Circuit · 2013
- Huertas v. Galaxy Asset ManagementCourt of Appeals for the Third Circuit · 2011
- Taylor v. Perrin, Landry, deLaunay & DurandCourt of Appeals for the Fifth Circuit · 1997
- Aaron Gearlds, Jr. v. Entergy Services, IncorporatCourt of Appeals for the Fifth Circuit · 2013
11 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Michelle Tatis v. Allied Interstate LLCCourt of Appeals for the Third Circuit · 2018
- Pantoja v. Portfolio Recovery Associates, LLCCourt of Appeals for the Seventh Circuit · 2017
- Michael Kaiser v. Cascade Capital, LLCCourt of Appeals for the Ninth Circuit · 2021
- Stephen Holzman v. Malcolm S. Gerald & Associates, Inc.Court of Appeals for the Eleventh Circuit · 2019
- Barry Stimpson v. Midland Credit Mgmt., Inc.Court of Appeals for the Ninth Circuit · 2019
40 more not listed; retrieve them via the Exa API.