Summary
holding that nonprofit guaranty agency was exempted under § 1692a(F) because its collection of student loan debts was incidental to its many other duties
Summary of this case from Harris v. Liberty Cmty. Mgmt., Inc.Opinion
No. 99-6189
April 6, 2000
Earl Price Underwood, Jr., Anniston, AL, for Plaintiff-Appellant.
Mark E. Shure, Keating Shure, Ltd., Chicago, IL, for Defendant-Appellee.
Appeal from the United States District Court for the Northern District of Alabama (No. 98-02422-CV-PT-E); Robert B. Propst, Judge.
Before TJOFLAT and MARCUS, Circuit Judges, and KRAVITCH, Senior Circuit Judge.
We affirm the judgment of the district court granting the defendant's motion for judgment as a matter of law on the ground that the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. (1994), does not apply to the defendant, because the defendant is a "person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity . . . is incidental to a bona fide fiduciary obligation. . . ." 15 U.S.C. § 1692a(6)(F)(i). See Pelfrey v. Educational Credit Management Corp., 71 F. Supp.2d 1161, 1172-74, 1179-80 (N.D.Ala. 1999).
AFFIRMED.