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DAUGHERTY v. CONVERGENT OUTSOURCING, INC.

No. 15-20392.

836 F.3d 507 (2016)

Roxanne DAUGHERTY, Plaintiff-Appellant v. CONVERGENT OUTSOURCING, INCORPORATED; LVNV Funding, L.L.C., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed September 8, 2016.

Attorney(s) appearing for the Case

David Neal McDevitt, Esq. , Russell S. Thompson, IV , Thompson Consumer Law Group, P.L.L.C., Mesa, AZ, for Plaintiff-Appellant.

Robbie LuAnn Malone, Esq. , Michael Lamar Jones , Henry & Jones, L.L.P., Dallas, TX, for Defendants-Appellees.

Brian Melendez , Dykema Gossett, P.L.L.C., Minneapolis, MN, for Amicus Curiae ACA International.

Daniel A. Edelman , Edelman, Combs, Latturner & Goodwin, L.L.C., Chicago, IL, for Amicus Curiae Marjorie Carter.

Before DENNIS, ELROD, and GRAVES, Circuit Judges.

The issue presented by this appeal is whether a collection letter for a time-barred debt containing a discounted "settlement" offer — but silent as to the time bar and without any mention of litigation — could mislead an unsophisticated consumer to believe that the debt is enforceable in court, and therefore...

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