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Ruth v. Triumph Partnerships, No. 08-3458

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By Javier Lavagnino, Esq. on August 18, 2009 1:55 PM

In an action brought under the Fair Debt Collection Practices Act (FDCPA), district court's judgment is reversed and remanded with instructions to enter judgment in favor of plaintiff where: 1) as a matter of law, the letter and notice at issue were sent in connection with an attempt to collect a debt; 2) the notice constituted "a threat to take . . . action that cannot legally be taken," and a "false representation or deceptive means to collect or attempt to collect a[] debt"; and 3) plaintiff was entitled to summary judgment in her favor on defendants' assertion of the bona fide error defense.

Read Ruth v. Triumph Partnerships, No. 08-3458

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Western Division.
Argued May 5, 2009
Decided August 17, 2009


Before RIPPLE and SYKES, Circuit Judges, and LAWRENCE, District Judge 
Opinion by RIPPLE, Circuit Judge.

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