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ZIMMERMAN v. CAMBRIDGE CREDIT COUNSELING

No. 04-2039.

409 F.3d 473 (2005)

Andrew ZIMMERMAN, Kelly Zimmerman On behalf of Themselves and All Others Similarly Situated, Plaintiffs, Appellants, v. CAMBRIDGE CREDIT COUNSELING CORP., Cambridge/Brighton Budget Planning Corp., Cambridge Credit Corp., Brighton Credit Corp., Brighton Credit Corp. of Massachusetts, John Puccio, Richard Puccio, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 31, 2005.

Rehearing and Rehearing Denied July 20, 2005.

Attorney(s) appearing for the Case

David J. Vendler, with whom Richard H. Nakamura, Maureen M. Home, Morris Polich & Purdy, LLP, Stephen G. Hennessy, Garrett M. Smith, Gary W. Kendall, Michie, Hamlett, Lowry, Rasmussen & Tweel, PC, and Gregory S. Duncan, were on brief, for appellants.

Paul M. Kaplan, with whom Michael J. Tuteur, Lawrence M. Kraus, Stephen D. Riden and Epstein Becker & Green, P.C., were on brief for appellees.

Before HOWARD, Circuit Judge, CYR, and STAHL, Senior Circuit Judges.

Rehearing and Rehearing En Banc Denied July 20, 2005.

HOWARD, Circuit Judge.

The Credit Repair Organizations Act (CROA or the Act) creates a cause of action for consumers harmed by the unscrupulous business and advertising practices on the part of credit repair organizations. See 15 U.S.C. § 1679 et seq. But the Act does not permit lawsuits against "any nonprofit organization which is exempt from...

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