Robbins v. MED-1 Solutions, LLC

Federal 7th Circuit Court
Civil Court
Fair Debt Collection Practices Act
Citation
Case Number: 
No. 20-1343
Decision Date: 
September 14, 2021
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed

Magistrate Judge did not err in granting defendant-debt collector’s motion for summary judgment in plaintiff-debtor’s action, alleging that defendant violated Fair Debt Collection Practices Act (FDCPA) by seeking to collect on attorney's fees that were generated when defendant sought to collect on attorney fees that were provided for creditor in contract that plaintiff had signed with respect to payment of medical costs generated by her children. While plaintiff argued that violation occurred because defendant was attempting to collect for attorney fees that plaintiff did not owe, relevant provision in payment agreement stated that plaintiff had agreed to pay costs of collection on medical debt, including attorney fees. While plaintiff argued that defendant could not seek attorney fees incurred while attempting to collect on attorney fees incurred when seeking recovery on medical debt, term “costs of collection” in payment agreement broadly encompassed all costs with collection, including costs of collecting on attorney’s fees provided for in agreement. As such, defendant’s efforts to recover “fees-on-fees” did not violate FDCPA.