[Download] "Brown v. Card Service Center" by In the United States Court of Appeals for the Seventh Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Brown v. Card Service Center
- Author : In the United States Court of Appeals for the Seventh Circuit
- Release Date : January 29, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Seeking to recover what it considered a bad debt, Card Service Center sent Elizabeth Brown a collection letter telling her that unless she made arrangements to pay within five days, the matter "could" result in referral of the account to an attorney and "could" result in "a legal suit being filed." Brown sued, claiming that because Card Service Center had no intention of referring her account to an attorney and no intention of filing a law suit, the letter violates the Fair Debt Collection Practices Acts ban on false, misleading or deceptive communications. The District Court dismissed Browns suit, concluding that because "[t]he letter neither states nor implies that legal action is imminent, only that it is possible," Brown had failed to state a claim upon which relief could be granted. We disagree, and for the reasons that follow we vacate the District Courts judgment and remand for further proceedings.
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