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SCHLOSSER v. FAIRBANKS CAPITAL CORP.

No. 01-3487.

323 F.3d 534 (2003)

Chad SCHLOSSER and Frances Schlosser, Plaintiffs-Appellants. v. FAIRBANKS CAPITAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 20, 2003.

Rehearing and Rehearing Denied April 16, 2003.

Attorney(s) appearing for the Case

Daniel A. Edelman (argued), Edelman, Combs & Latturner, Chicago, IL, for Plaintiffs-Appellants.

Terrence E. Kiwala, Rooks, Pitts & Poust, Chicago, IL, Michael P. Turiello, Rooks, Pitts, & Poust, Joliet, IL, Cynthia G. Swann (argued), Weiner, Brodsky, Sidman & Kider, Washington, DC, for Defendant-Appellee.

Before RIPPLE, DIANE P. WOOD, and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 16, 2003.

WILLIAMS, Circuit Judge.

Fairbanks Capital Corp. acquired 12,800 allegedly delinquent high-interest mortgages from ContiMortgage, including one owed by the plaintiffs, Chad and Frances Schlosser. Identifying itself as a debt collector, Fairbanks sent the Schlossers a letter asserting that the debt was in default. Fairbanks was mistaken; the Schlossers were not in default. The Schlossers filed suit claiming...

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