· 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 CourtListenerSourced 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.