Legal Opinion
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
Decided May 12, 2004No. 03-1594, 03-2185, 03-2340, 03-3182PublishedCited by 205 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
A demand for immediate payment while a debtor is in bankruptcy (or after the debt’s discharge) is “false” in the sense that it asserts that money is due, although, because of the automatic stay (11 U.S.C. § 362) or the discharge injunction (11 U.S.C. § 524), it is not. A debt collector’s false statement is presumptively wrongful under the Fair Debt Collection Practices Act, see 15 U.S.C. § 1692e(2)(A), even if the speaker is ignorant of the truth; but a debt collector that exercises care to avoid making false statements has a defense under § 1692k(c). Two recent…
2Cases cited23 opinions
- Wilson v. GarciaSupreme Court of the United States · 1985
- Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
- Patterson v. McLean Credit UnionSupreme Court of the United States · 1989
- Runyon v. McCrarySupreme Court of the United States · 1976
- Heintz v. JenkinsSupreme Court of the United States · 1995
18 more not listed; retrieve them via the Exa API.
3Cited by205 opinions
- Hedrick G. Humphries v. Cbocs West, Inc.Court of Appeals for the Seventh Circuit · 2007
- Stanley L. Crawford v. LVNV Funding, LLCCourt of Appeals for the Eleventh Circuit · 2014
- Simon v. FIA Card Services, N.A.Court of Appeals for the Third Circuit · 2013
- Simmons v. Roundup Funding, LLCCourt of Appeals for the Second Circuit · 2010
- Katiuska Bravo v. Midland Credit Management, IncCourt of Appeals for the Seventh Circuit · 2016
200 more not listed; retrieve them via the Exa API.