Legal Opinion

Edwards v. Niagara Credit Solutions, Inc.

Court of Appeals for the Eleventh Circuit

Decided October 14, 2009No. 08-17006PublishedCited by 65 opinions

1Opinion of the Court

CARNES, Circuit Judge:

In an oft-repeated statement from the Vietnam War, an unidentified American military officer reputedly said that “we had to destroy the village to save it.” 1 That oxymoronic explanation may be apocryphal, but the debt collection agency in this case offers up much the same logic to explain why it violated the Fair Debt Collection Practices Act: it was necessary to violate the Act in order to comply with the Act.

I

Brenda Edwards owed money to the Consumer Shopping Network. Her past due account was assigned to Niagara Credit Solutions, Inc. for collection. Niagara is a debt…

2Cases cited7 opinions

  1. Donna M. Russell v. Equifax A.R.S., and Cbi CollectionsCourt of Appeals for the Second Circuit · 1996
  2. Tom L. Ashlock v. Conseco Services, LLCCourt of Appeals for the Eleventh Circuit · 2004
  3. John Richard Marek v. Harry K. SingletaryCourt of Appeals for the Eleventh Circuit · 1995
  4. Kort v. Diversified Collection Services, Inc.Court of Appeals for the Seventh Circuit · 2005
  5. Johnson v. RiddleCourt of Appeals for the Tenth Circuit · 2006

2 more not listed; retrieve them via the Exa API.

3Cited by65 opinions

  1. Owen v. I.C. System, Inc.Court of Appeals for the Eleventh Circuit · 2011
  2. Frazier v. Absolute Collection Service, Inc.District Court, N.D. Georgia · 2011
  3. Johnnie Teresa Marchisio v. Carrington Mortgage Services, LLC.Court of Appeals for the Eleventh Circuit · 2019
  4. Manno v. Healthcare Revenue Recovery Group, LLCDistrict Court, S.D. Florida · 2013
  5. Leandre Layton v. DHL Express, Inc.Court of Appeals for the Eleventh Circuit · 2012

60 more not listed; retrieve them via the Exa API.

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