RANDOLPH v. IMBS, INC.

Nos. 03-1594, 03-2185, 03-2340, 03-3182.

368 F.3d 726 (2004)

Jeanette RANDOLPH, Plaintiff-Appellant, v. IMBS, INC., Defendant-Appellee. Cheryl Alexander, Plaintiff-Appellee, Cross-Appellant, v. Unlimited Progress Corp., Defendant-Appellant, Cross-Appellee. Jennifer J. Cross, Plaintiff-Appellant, v. Risk Management Alternatives, Inc., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 12, 2004.


Attorney(s) appearing for the Case

David J. Philipps (argued), Gomolinski & Philipps, Hickory Hills, IL, for Plaintiff-Appellant.

Christine L. Olson (argued), Hinshaw & Culbertson, Chicago, IL, for Defendant-Appellee.

Before EASTERBROOK, KANNE, and WILLIAMS, Circuit Judges.


EASTERBROOK, Circuit Judge.

A demand for immediate payment while a debtor is in bankruptcy (or after the debt's discharge) is "false" in the sense that it asserts that money is due, although, because of the automatic stay (11 U.S.C. § 362) or the discharge injunction (11 U.S.C. § 524), it is not. A debt collector's false statement is presumptively wrongful under the Fair Debt Collection Practices Act, see 15 U.S...

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