Legal Opinion
Yvonne Owusumensah v. Cavalry Portfolio Services
Court of Appeals for the Seventh Circuit
Decided May 19, 2016No. 14-2760, 14-3724, 15-1101PublishedCited by 64 opinions
1Opinion of the Court
MANION, Circuit Judge.
Section 1692e(5) of the Fair Debt Collection Practices Act (“FDCPA” or “the Act”) prohibits debt collectors from threatening to take an action that they do not intend to take in the course of collecting a debt. 15 U.S.C. § 1692e(5). The question before us is whether this provision makes it unlawful for a debt collector to file a collection lawsuit without intending to proceed to trial. We conclude it does not.
I
The defendants in this ease are debt collectors who previously filed suit in Illinois state court to recover on the plaintiffs’ delinquent credit card accounts.…
2Cases cited12 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Runnion Ex Rel. Rsunnion v. Girl Scouts of Greater ChicagoCourt of Appeals for the Seventh Circuit · 2015
- Heintz v. JenkinsSupreme Court of the United States · 1995
- Ruth v. Triumph PartnershipsCourt of Appeals for the Seventh Circuit · 2009
- Toni Ball v. City of IndianapolisCourt of Appeals for the Seventh Circuit · 2014
7 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Anne O' Boyle v. Real Time Resolutions, Inc.Court of Appeals for the Seventh Circuit · 2018
- Laura Zuniga v. Pierce and AssociatesCourt of Appeals for the Seventh Circuit · 2017
- Steven Demarais v. Gurstel Chargo, P.A.Court of Appeals for the Eighth Circuit · 2017
- Right Field Rooftops, LLC v. Chicago Cubs Baseball Club, LLCCourt of Appeals for the Seventh Circuit · 2017
- Armada (Singapore) Pte Ltd. v. Amcol Int'l Corp.Court of Appeals for the Seventh Circuit · 2018
59 more not listed; retrieve them via the Exa API.