Federal Appeals Court Blocks Suing Collection Agency Over Allegedly "Misleading" Dunning Letters

  • Written by Steel Rose

Two debtors are barred from suing a collection agency over allegedly "misleading" dunning letters because they were never actually deceived, a federal appeals court that covers three Southeastern states including Florida ruled in a split decision this week.

Monday's majority opinion by the U.S. Court of Appeals for the 11th Circuit concludes that the debtors — John Trichell of Alabama and Georgia resident Keith Cooper — failed to show any concrete and particularized harm from the letters sent to them by Midland Credit Management Inc.of San Diego.

 The court's jurisdiction covers those states and Florida, which means the precedent will control any cases brought by debtors in Florida.

Centuries of English and U.S. legal tradition as well as acts of Congress require plaintiffs to suffer such harms before they may sue, Judge Gregory Katsas wrote for himself and Chief Judge William Pryor. To read more, click here.

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