Lox v. CDA, Limited

Dist. Ct. erred in granting defendant-debt collector's motion for summary judgment in action under FDCPA alleging that defendant sent plaintiff misleading dunning letter that informed plaintiff that creditor "may take legal steps against you" that might result in award of court costs and attorney fees if plaintiff did not promptly pay debt. Language concerning award of attorney fees was false and misleading since: (1) creditor could not have obtained any attorney fees had case gone to court: and (2) unsophisticated consumer would not have known that creditor could not have obtained said attorney fees. Fact that dunning letter did not state that creditor actually would seek attorney fees did not require different result.