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McMAHON v. LVNV FUNDING, LLC

Nos. 12-3504, 13-2030.

744 F.3d 1010 (2014)

Scott McMAHON, individually and on behalf of a class, Plaintiff-Appellant, v. LVNV FUNDING, LLC, et al., Defendants-Appellees. Juanita Delgado, individually and on behalf of a class, Plaintiff-Appellee, v. Capital Management Services, LP, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 11, 2014.

Attorney(s) appearing for the Case

Daniel A. Edelman , Attorney, Edelman Combs Latturner & Goodwin, Chicago, IL, for Plaintiff-Appellant.

David M. Schultz , Attorney, Stephen R. Swofford , Attorney, Hinshaw & Culbertson, Chicago, IL, for Defendants-Appellees.

Daniel A. Edelman , Attorney, Francis R. Greene , Attorney, Edelman Combs Latturner & Goodwin, Chicago, IL, for Plaintiff-Appellee.

James K. Schultz , Attorney, Sessions, Fishman, Nathan & Israel, LLP, Chicago, IL, for Defendants-Appellants.

Before WOOD, Chief Judge, and FLAUM and SYKES, Circuit Judges.

WOOD, Chief Judge.

The underlying question presented by these two appeals, which we have consolidated for purposes of an opinion, relates to the circumstances under which a dunning letter for a time-barred debt could mislead an unsophisticated consumer to believe that the debt is enforceable in court, and thereby violate the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq. After oral argument in these cases, we held that efforts to...

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