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CARROLL v. UNITED COMPUCRED COLLECTIONS

No. 03-5766.

399 F.3d 620 (2005)

James CARROLL and Eleanor Carroll, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. UNITED COMPUCRED COLLECTIONS, INC. and A.B. Stineman, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 2, 2005.

Attorney(s) appearing for the Case

ARGUED: John B. Pinney, Graydon, Head & Ritchey, Cincinnati, Ohio, for Appellants. O. Randolph Bragg, Horwitz, Horwitz & Assoc., Chicago, Illinois, for Appellees. ON BRIEF: O. Randolph Bragg, Horwitz, Horwitz & Assoc., Chicago, Illinois, Steven A. Taterka, Law Office of Steven A. Taterka, Kingston Springs, Tennessee, David A. Searles, Donovan Searles, LLC, Philadelphia, Pennsylvania, for Appellees.

Before: CLAY and GILMAN, Circuit Judges; O'MALLEY, District Judge.

OPINION

GILMAN, Circuit Judge.

James and Eleanor Carroll filed a class action lawsuit against United Compucred Collections, Inc. and its president, A.B. Stineman (hereafter referred to collectively as United), alleging violations of the Fair Debt Collection Practices Act (FDCPA). After the Carrolls moved for class certification, United tendered them an offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure. It simultaneously made an...

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