FDCPA Violation.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: Mario Loja v. Main Street Acquisition Corporation, et al.

Case No.: 17-2477

Officials: WOOD, Chief Judge, and ROVNER and BRENNAN, Circuit Judges.

Focus: FDCPA Violation

Mario Loja sued Main Street Acquisition Corporation and law firm Shindler & Joyce (collectively, "Main Street") for violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692 et seq., and the Illinois Collection Agency Act, 225 ILL. COMP. STAT. 425/1 et seq. The district court dismissed the action, ruling that Loja was not a qualifying "consumer" under the language of the FDCPA. Loja appeals, contending he is a qualifying consumer and that his attorney properly preserved his right to amend the complaint. We agree that based on the text of the FDCPA and circuit precedent Loja is a qualifying consumer for purposes of the FDCPA. We reverse and remand for further proceedings and conclude Loja should be given leave to amend...