Pantoja v. Portfolio Recovery Associates, LLC

Federal 7th Circuit Court
Civil Court
Fair Debt Collection Practices Act
Citation
Case Number: 
No. 15-1567
Decision Date: 
March 29, 2017
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting plaintiff-debtor’s motion for summary judgment in action under Fair Debt Collection Practices Act, alleging that dunning letter sent by defendant-debt collector seeking to collect on debt that was outside applicable limitations period was deceptive under 15 USC section 1692e. Instant letter, which told plaintiff that “because of the age of your debt, we will not sue you for it,” was deceptive because: (1) it did not tell plaintiff that defendant could not sue on instant time-barred debt; and (2) it did not tell plaintiff that if he made or agreed to make partial payment on debt that his debt would be revived.