Document Type
Article
Publication Date
3-16-1989
Abstract
This is an appeal from a summary judgment of the United States District Court for the Northern District of New York (Cholakis, J.) dismissing the claim asserted by plaintiff-appellant Samuel L. Emanuel under the Fair Debt Collection Practices Act ("FDCPA" or the "Act"), 15 U.S.C. §§ 1692-1692o (1982 & Supp. IV 1986), and the counterclaims of defendant-appellee American Credit Exchange ("American Credit") for malicious prosecution. Emanuel claimed that a letter he received from American Credit in connection with a debt he allegedly owed his landlord violated 15 U.S.C. § 1692e(11) because it failed to disclose that it was a communication made to collect a debt and that any information obtained would be used for that purpose.
The district court held that the letter indicated clearly that it was intended to collect a debt, and that because no information was requested, the letter did not have to advise Emanuel that any information obtained would be used. It seems clear to us, however, that the language of section 1692e(11) requires that a debt collection letter disclose that any information provided by the letter's recipient will be used to collect the debt, even when no specific information is requested. Accordingly, we reverse the judgment dismissing Emanuel's claim and remand the matter to the district court to calculate costs and attorney's fees, to which Emanuel is entitled under 15 U.S.C. § 1692k(a)(3). We affirm the dismissal of the counterclaims as well as the denial of the Rule 11 sanctions sought by American Credit.
Recommended Citation
Miner '56, Roger J., "Emanuel v. American Credit Exchange, 870 F. 2d 805 - Court of Appeals, 2nd Circuit 1989" (1989). Circuit Court Opinions. 261.
https://digitalcommons.nyls.edu/circuit_opinions/261
Comments
870 F.2d 805 (1989)
Samuel L. EMANUEL, Plaintiff-Appellant, Cross-Appellee,
v.
AMERICAN CREDIT EXCHANGE, Defendant-Appellee, Cross-Appellant.
Nos. 534, 666, Dockets 88-7717, 88-7757.
United States Court of Appeals, Second Circuit.
Argued January 12, 1989. Decided March 16, 1989.
New York Law School location: File #720, Box #122