Carter v. AMC, LLC

Federal 7th Circuit Court
Civil Court
Fair Debt Collection Practices Act
Citation
Case Number: 
No. 10-3184
Decision Date: 
May 13, 2011
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in dismissing plaintiff's claim alleging that defendant-servicing agent of owner of apartment building violated FDCPA by misrepresenting status of plaintiff's rent-related debt to others during state litigation, which ultimately resulted in judgment in plaintiff's favor. Defendant did not owe plaintiff any duties under FDCPA since defendant was not debt collector as that term is used by FDCPA where: (1) defendant acquired authority to collect money on behalf of creditor/apartment building owner at time agency agreement was effectuated; and (2) plaintiff's debt arose after date of defendant's agency agreement.