Oliva v. Blatt, Hasenmiller, Liebsker & Moore, LLC

Dist. Ct. did not err in granting defendant-debt collector’s motion for summary judgment in action alleging that defendant violated FDCPA’s venue provision by filing collection action against plaintiff in first municipal district of Circuit Ct. of Cook County. Defendant was entitled to FDCPA’s “bona fide error” defense, where at time its collection action had been filed, defendant’s choice of venue in different district was permitted by Newsom, 76 F.3d 813. Fact that Newsom was subsequently overruled in Suesz, 757 F.3d 636 did not require different result, since defendant’s failure to foresee retroactive change of law was not mistaken legal interpretation, but rather unintentional bona fide error that precluded liability under FDCPA.