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CACERES v. McCALLA RAYMER, LLC

No. 13-12450.

755 F.3d 1299 (2014)

Xilena M. CACERES, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. McCALLA RAYMER, LLC, a Georgia limited liability company, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 26, 2014.

Attorney(s) appearing for the Case

Scott David Owens , Owens Law Office, Hallandale, FL, Scott Lawrence Nelson , Public Citizen Litigation Group, Washington, DC, for Plaintiff-Appellant.

Barry R. Davidson , Hunton & Williams, LLP, Miami, FL, Jamie Zysk Isani , Bilzin Sumberg Baena Price & Axelrod, LLP, Miami, FL, for Defendant-Appellee.

Before MARCUS and ANDERSON, Circuit Judges, and GOLDBERG, Judge.

ANDERSON, Circuit Judge.

Xilena Caceres appeals the district court's dismissal of her putative class action suit against law firm McCalla Raymer for violating the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA" or "the Act"). The district court granted McCalla's motion to dismiss, reasoning that its letter to Caceres was not an initial communication, as defined by the Act, and that the alleged error in the letter was not misleading. Caceres...

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