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BUCHANAN v. NORTHLAND GROUP, INC.

No. 13-2523.

776 F.3d 393 (2015)

Esther BUCHANAN, on behalf of herself and a class, Plaintiff-Appellant, v. NORTHLAND GROUP, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 13, 2015.

Attorney(s) appearing for the Case

ARGUED: Daniel A. Edelman , Edelman Combs Latturner & Goodwin LLC, Chicago, Illinois, for Appellant. David M. Schultz , Hinshaw & Culbertson LLP, Chicago, Illinois, for Appellee. Theodore Metzler , Federal Trade Commission, Washington, D.C., for Federal Amicus Curiae. ON BRIEF: Daniel A. Edelman , Cathleen M. Combs , Thomas E. Soule , Edelman Combs Latturner & Goodwin LLC, Chicago, Illinois, for Appellant. David M. Schultz , Joel D. Bertocchi , Hinshaw & Culbertson LLP, Chicago, Illinois, for Appellee. Theodore Metzler , FEDERAL TRADE COMMISSION, Washington, D.C., Brian Melendez , Dykema Gossett PLLC, Minneapolis, Minnesota, Donald S. Maurice, Jr. , Maurice & Needleman, P.C., Flemington, New Jersey, for Amici Curiae.

SUTTON, J., delivered the opinion of the court in which ROSENTHAL, D.J., joined. KETHLEDGE, J. (pp. 10-12), delivered a separate dissenting opinion.

OPINION

Northland Group made a "settlement offer" to Esther Buchanan to resolve an unpaid debt without disclosing that the statute of limitations had run on the debt. Claiming that the letter falsely implied that Northland could enforce the debt in court, Buchanan filed a class action on behalf of herself and other...

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