Zemeckis v. Global Credit & Collection Corp.
- Citation:
- Zemeckis v. Global Credit & Collection Corp.
- Tag(s):
-
- Ruling:
- In a fact-driven inquiry, the Seventh Circuit held that threats of legal action and collection puffery on the front of a dunning letter (a bill collection communication) could not "overshadow" (essentially, confuse) the consumer's rights, which were printed on the back of the letter. Therefore, the Seventh Circuit affirmed the court below, and held that the dunning letter satisfied § 1692g of the Fair Debt Collection Practices Act as a matter of law. Rationale: The threats and puffery on the front of the letter were not too terrible and the front of the letter also indicated in bold typeface that the consumer's rights could be found on the back of the letter.
- Procedural context:
- Zemeckis' claim was dismissed pusuant to Fed. R. Civ. P. 12(b)(6) by Judge Manning at the District Court. Judge Manning held that the dunning letter was permissible under the FDCPA as a matter of law. Zemeckis appealed to the Seventh Circuit. In this case, the Seventh Circuit affirmed the District Court's dismissal.
- Facts:
- Section 1692g of the Fair Debt Collection Practices Act (the "FDCPA"), 15 U.S.C. § 1692g, requires that "collection activities and communications duing [a certain] 30-day period may not overshadow . . .the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor." 15 U.S.C. § 1692g(b).
The dunning letter was a collection communication within the 30-day period. The front of the letter indicated, in capital letters and in bold typeface, that the consumer should "see [the] reverse side for important information." The back of the dunning letter provided the required "validation notice." The front of the letter repeatedly threatened legal action and suggested the consumer "take action now" and call "today."
- Judge(s):
- Seventh Circuit Judges Flaum, Williams, and Tinder.
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