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PELFREY v. EDUCATIONAL CREDIT MANAGEMENT CORPORATION

No. 99-6189.

208 F.3d 945 (2000)

Patricia PELFREY, on behalf of herself and the class described herein, Plaintiff-Appellant, v. EDUCATIONAL CREDIT MANAGEMENT CORPORATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 6, 2000.

Attorney(s) appearing for the Case

Earl Price Underwood, Jr., Anniston, AL, for Plaintiff-Appellant.

Mark E. Shure, Keating & Shure, Ltd., Chicago, IL, for Defendant-Appellee.

Before TJOFLAT and MARCUS, Circuit Judges, and KRAVITCH, Senior Circuit Judge.

PER CURIAM:

We affirm the judgment of the district court granting the defendant's motion for judgment as a matter of law on the ground that the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. (1994), does not apply to the defendant, because the defendant is a "person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity ... is incidental to a bona fide fiduciary obligation...

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