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· 3/16/1989

Samuel L. Emanuel, Cross-Appellee v. American Credit Exchange, Cross-Appellant

Citations

  • 870 F.2d 805
  • 1989 U.S. App. LEXIS 3357

How courts have described this case

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

  • holding that “there simply is no requirement that” a letter sent by a debt collector “quote verbatim the language of [Section 1692e(11)]”
  • holding that a single, trivial, and unintentional violation of the FDCPA is not enough for an award of statutory damages, “particularly since such damages are discretionary” and no actual damages were shown
  • FDCPA defendant’s “claim for malicious prosecution cannot succeed unless the action subject of the claim is unsuccessful”
  • FDCPA defendant’s “claim for malicious prosecution cannot succeed unless the 8 JERMAN v. CARLISLE, MCNELLIE, RINI, KRAMER & ULRICH LPA KENNEDY, J., dissenting action subject of the claim is unsuccessful”
  • same, even where the plaintiff suffered no actual damages

Source: CourtListener parenthetical corpus (CC0).

Judges: Miner, Kaufman, Van Graafeiland Miner

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.