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· 3/13/2007

Delisa Ross v. Rjm Acquisitions Funding LLC

Citations

  • 480 F.3d 493
  • 2007 U.S. App. LEXIS 5759
  • 2007 WL 738949

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that conduct need not be “deliberate, reckless, or even negligent to trigger liability — it need only be false .... ”
  • explaining that section 1692e(2) applies to efforts to collect any debt already discharged in bankruptcy
  • finding that debt collector’s use of a bankruptcy search performed by another firm, followed by promptly ceasing collection of any debt for which it was notified had been discharged, was a reasonable procedure under the third prong
  • affirming a ruling that a debt collector was entitled to the bona-fide defense under the Fail Debt Collection Practices Act, 15 U.S.C. § 1692k(a
  • “Dunning people for their discharged debts . . . is prohibited by the [FDCPA], which so far as relates to this case prohibits a debt collector . . . from making a false representation of the character, amount, or legal status of any debt.” (citations and quotations omitted)
  • sanctions not imposed but attorney warned that he was “skating near the edge of his pond”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Ripple, Williams

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.