BASS v. STOLPER, KORITZINSKY, BREWSTER & NEIDER

No. 96-2113.

111 F.3d 1322 (1997)

Terri L. BASS, Plaintiff-Appellee, v. STOLPER, KORITZINSKY, BREWSTER & NEIDER, S.C. and Kathy Leschensky, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 18, 1997.


Attorney(s) appearing for the Case

Carla Andres, Vele & Andres, Evansville, WI, Richard J. Rubin, Santa Fe, NM (argued), for Plaintiff-Appellee.

Joseph R. Long, II (argued), Relles, Meeker & Borns, Madison, WI, for Defendants-Appellees.

Ernest J. Isenstadt, Stephen Calkins, Federal Trade Commission, Washington, DC, Joanne Faulkner, New Haven, CT, for Amici Curiae.

Before BAUER, ESCHBACH, and COFFEY, Circuit Judges.


ESCHBACH, Circuit Judge.

This case presents the novel question of whether the Fair Debt Collection Practices Act ("FDCPA" or "the Act"), 15 U.S.C. sec. 1692 et seq., applies to third-party efforts to collect payment from consumers who use a dishonored check for the purchase of goods or services. The answer turns on whether the payment obligation that arises from a dishonored check constitutes a "debt" as defined in the Act. On cross-motions for partial summary judgment...

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