United States v. Sum of $185,336.07 United States Currency

How courts have described this case

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

• concluding that the $5 credit card processing fee for any debt payments made over the phone is “incidental to the principal obligation” under FDCPA
• holding that the processing fee in exchange for voluntarily utilizing a particular method of payment made over the phone violated the FDCPA
• concluding that the plaintiffs stated a Section 1692e claim where the debt collection letter stated, “[t]here will be a $5.00 processing fee for all credit cards or checks over the phone”
• finding that “[t]he ‘least sophisticated consumer’ 26 would likely be deceived by the Processing Fee Statement into believing that Defendant was 27 legally entitled to collect the five-dollar fee”
• rejecting the argument that convenience fees were not unfair or unconscionable as “cut[ting] against the plain language of 1629(f)(1)”
• rejecting defendant’s reliance on Lee because the collection letter at issue did not indicate that a reported $5.00 processing fee would be collected by anyone but the defendant

Source: CourtListener parenthetical corpus (CC0).