58 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,238 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,131 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
Keele v. Wexler
149 F.3d 589 (7th Cir. 1998) Cited 664 times 1 Legal Analyses
Holding plaintiff had Article III standing where defendant tried to collect an illegal collection fee, even if plaintiff did not pay the fee
Pollice v. National Tax Funding, L.P.
225 F.3d 379 (3d Cir. 2000) Cited 531 times
Holding that a tax lien transfer agreement was not a credit transaction under TILA because "the nature of the underlying claim" as a property tax had not "been extinguished"
Turner v. J.V.D.B. Associates, Inc.
330 F.3d 991 (7th Cir. 2003) Cited 410 times
Holding unintentional misrepresentation that debtor was obligated to pay a debt discharged in bankruptcy violated FDCPA
McMillan v. Collection Professionals Inc.
455 F.3d 754 (7th Cir. 2006) Cited 359 times
Holding that a plaintiff's claims under §§ 1692e and 1692f based on the same collection letter should not be dismissed
Randolph v. IMBS, Inc.
368 F.3d 726 (7th Cir. 2004) Cited 377 times 6 Legal Analyses
Holding that the Bankruptcy Code "cannot be deemed to have repealed or curtailed [the FDCPA] by implication"
Johnson v. Riddle
305 F.3d 1107 (10th Cir. 2002) Cited 391 times
Holding that a mistake of state law could be a bona fide error
Durkin v. Equifax Check Services, Inc.
406 F.3d 410 (7th Cir. 2005) Cited 358 times
Affirming summary judgment for defense after finding that district court properly rejected survey evidence as irrelevant and unreliable
Bartlett v. Heibl
128 F.3d 497 (7th Cir. 1997) Cited 319 times
Holding that a plaintiff who was "not seeking actual damages" could still receive "statutory damages" under the FDCPA
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,775 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 14,998 times 139 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1692e - False or misleading representations
15 U.S.C. § 1692e Cited 6,926 times 108 Legal Analyses
Prohibiting false representation of the "character, amount, or legal status of a debt"
Section 1692a - Definitions
15 U.S.C. § 1692a Cited 6,218 times 83 Legal Analyses
Defining debt collector
Section 1692g - Validation of debts
15 U.S.C. § 1692g Cited 3,439 times 67 Legal Analyses
Setting forth requirements for disputing a debt
Section 1692f - Unfair practices
15 U.S.C. § 1692f Cited 3,398 times 35 Legal Analyses
Providing a non-exhaustive list of conduct that is unfair or unconscionable
Section 1692d - Harassment or abuse
15 U.S.C. § 1692d Cited 1,901 times 22 Legal Analyses
Limiting debt collectors’ ability to use threats of violence, publicize lists of consumers allegedly refusing to pay debts, cause a telephone to ring repeatedly or continuously, or engage someone in telephone conversation repeatedly or continuously
Section 682.410 - Fiscal, administrative, and enforcement requirements
34 C.F.R. § 682.410 Cited 199 times 1 Legal Analyses
Requiring guarantor to, in the initial default period, "notify the borrower . . . that if he or she does not make repayment arrangements acceptable to the agency, the agency will promptly initiate procedures to collect the debt"

Acik v. I.C. System, Inc.

58 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding plaintiff had Article III standing where defendant tried to collect an illegal collection fee, even if plaintiff did not pay the fee

Holding that a tax lien transfer agreement was not a credit transaction under TILA because "the nature of the underlying claim" as a property tax had not "been extinguished"

Holding unintentional misrepresentation that debtor was obligated to pay a debt discharged in bankruptcy violated FDCPA

Holding that a plaintiff's claims under §§ 1692e and 1692f based on the same collection letter should not be dismissed

Holding that the Bankruptcy Code "cannot be deemed to have repealed or curtailed [the FDCPA] by implication"

Holding that a mistake of state law could be a bona fide error

Affirming summary judgment for defense after finding that district court properly rejected survey evidence as irrelevant and unreliable

Holding that a plaintiff who was "not seeking actual damages" could still receive "statutory damages" under the FDCPA

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

Prohibiting false representation of the "character, amount, or legal status of a debt"

Defining debt collector

Setting forth requirements for disputing a debt

Providing a non-exhaustive list of conduct that is unfair or unconscionable

Limiting debt collectors’ ability to use threats of violence, publicize lists of consumers allegedly refusing to pay debts, cause a telephone to ring repeatedly or continuously, or engage someone in telephone conversation repeatedly or continuously

Requiring guarantor to, in the initial default period, "notify the borrower . . . that if he or she does not make repayment arrangements acceptable to the agency, the agency will promptly initiate procedures to collect the debt"