Gruber v. Creditors’ Protection Service, Inc.

Federal 7th Circuit Court
Civil Court
Fair Debt Collection Practices Act
Case Number: 
Nos. 13-2084 et al Cons.
Decision Date: 
January 23, 2014
Federal District: 
E.D. Wisc.
Dist. Ct. did not err in granting defendant-debt collector’s motion to dismiss plaintiff-debtor’s Fair Debt Collection Practices Act (Act) action, alleging that defendant’s dunning letter violated notice provisions set forth in section 1692g(a)(4) of said Act. While plaintiff argued that instant letter, which informed plaintiff that “If you notify this office within 30 days from receiving this notice, this office will obtain verification of debt,” was misleading because it created risk that unsophisticated consumer might request verification of debt within applicable period and lose out on ability to dispute debt, consumer’s request for verification of debt was tantamount to registering “dispute” under Act, so that any request for verification of debt would provide plaintiff with same protections afforded under Act as if he had written to dispute debt. Ct. further rejected plaintiff’s claim that phrase “we believe you want to pay your just debt” improperly implied that judgment had already been rendered against plaintiff.