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CASTRO v. COLLECTO, INC.

No. 09-50975.

634 F.3d 779 (2011)

Nemesio CASTRO, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. COLLECTO, INC., doing business as Collection Company of America; U.S. Asset Management, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 24, 2011.

Attorney(s) appearing for the Case

Daniel A. Edelman (argued), James O. Latturner , Edelman, Combs, Latturner & Goodwin, L.L.C., Chicago, IL, for Castro.

Glenn B. Manishin (argued), Duane Morris , L.L.P., Washington, DC, William Keith Wier , Bush & Ramirez, L.L.C., Houston, TX, for Defendants-Appellees.

Before DENNIS, OWEN and SOUTHWICK, Circuit Judges.

DENNIS, Circuit Judge:

This class action arises out of an allegedly unlawful attempt to collect a debt arising from an unpaid mobile phone bill. The named plaintiff, Nemesio Castro, a debtor, sued two debt collectors (collectively "the defendants") for allegedly violating the Fair Debt Collection Practices Act ("the FDCPA"), 15 U.S.C. § 1692 et seq., by sending letters that, he claimed, threatened to sue on an...

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