Legal Opinion
Easterling v. Collecto, Inc.
Court of Appeals for the Second Circuit
Decided August 30, 2012No. Docket 11-3209-cvPublishedCited by 116 opinions
1Per curiam
This case requires us to determine whether a debt collector’s inaccurate representation to a debtor that her student loans were “ineligible” for bankruptcy discharge is a “false, misleading, or deceptive” debt collection practice, in violation of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq. We conclude that it is.
BACKGROUND
In or around 1987, Plaintiff-Appellant Berlincia Easterling obtained a student loan guaranteed by the United States Department of Education. On August 23, 2001, with the assistance of counsel, East-erling filed a bankruptcy petition under…
2Cases cited8 opinions
- United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Christ Clomon v. Philip D. JacksonCourt of Appeals for the Second Circuit · 1993
- Donna M. Russell v. Equifax A.R.S., and Cbi CollectionsCourt of Appeals for the Second Circuit · 1996
- Michael Desantis, as Next Friend of John B. Desantis, Sr. v. Computer Credit, Inc.Court of Appeals for the Second Circuit · 2001
3 more not listed; retrieve them via the Exa API.
3Cited by116 opinions
- Eades v. Kennedy, PC Law OfficesCourt of Appeals for the Second Circuit · 2015
- Cohen v. Rosicki, Rosicki & Assocs., P.C.Court of Appeals for the Second Circuit · 2018
- Aegis Insurance Services, Inc. v. 7 World Trade Center Company, L.P.Court of Appeals for the Second Circuit · 2013
- Huebner v. Midland Credit Mgmt., Inc.Court of Appeals for the Second Circuit · 2018
- David Tourgeman v. Collins Financial ServicesCourt of Appeals for the Ninth Circuit · 2014
111 more not listed; retrieve them via the Exa API.