Class Action FDCPA Violation Plain Language.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: Neal Preston v. Midland Credit Management, Inc.,

Case No.: 18-3119

Officials: RIPPLE, ROVNER, and BARRETT, Circuit Judges.

Focus: Class Action FDCPA Violation Plain Language

Neal Preston brought this putative class action in which he claimed that Midland Credit Management, Inc. ("Midland"), had sent him a collection letter that violated the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 16921692p. Specifically, he claimed that the words "TIME SENSITIVE DOCUMENT" on the envelope violated 1692f(8)'s prohibition against "[u]sing any language or symbol," other than the defend- ant's business name or address, on the envelope of a debt collection letter. He also claimed that these words, and other language employed in the body of the letter, were false and deceptive, in violation of 1692e(2) and (10).

On Midland's motion, the district court dismissed the complaint. The district court noted that the plain language of 1692f(8) prohibited any writing on the envelope, but nevertheless concluded that there was a benign-language exception to the statutory language. Because the language "TIME SENSITIVE DOCUMENT" did not create any privacy concerns or expose Mr. Preston to embarrassment, the district court held that it fell within this exception. The district court found no merit with...