Boucher v. Finance System of Green Bay, Inc.

Dist. Ct. erred in dismissing plaintiffs’ claim under Fair Debt Collection Practices Act, alleging that defendant-debt collector’s dunning letter that threatened to impose “late charges and other charges” was impermissibly deceptive because said charges could not lawfully be imposed under Wisconsin law. While Dist. Ct. based instant dismissal on fact that said phrase matched safe harbor language set forth in Miller, 214 F.2d 872, defendant could not immunize itself by using said language, where said language was not accurate under circumstances of instant case.