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BROWN v. CARD SERVICE CENTER

No. 05-4160.

464 F.3d 450 (2006)

Elizabeth BROWN, On Behalf of Herself and All Others Similarly Situated, formerly known as Elizabeth Schenck, Appellant v. CARD SERVICE CENTER; Cardholder Management Services.

United States Court of Appeals, Third Circuit.

Filed September 29, 2006.

Attorney(s) appearing for the Case

Cary L. Flitter (Argued), Lundy, Flitter, Beldecos & Berger, P.C., Narberth, PA, David A. Searles, Donovan Searles, LLC, Philadelphia, PA, for Appellant.

Thomas W. Dymek, Stradley, Ronon, Stevens & Young, LLP, Philadelphia, PA, Thomas J. Cahill, Joshua M. Rubins (Argued), Daniel G. Gurfein, Satterlee Stephens Burke & Burke LLP, New York, NY, for Appellees.

Before AMBRO, FUENTES, and GREENBERG, Circuit Judges.

FUENTES, Circuit Judge.

Seeking to recover what it considered a bad debt, Card Service Center sent Elizabeth Brown a collection letter telling her that unless she made arrangements to pay within five days, the matter "could" result in referral of the account to an attorney and "could" result in "a legal suit being filed." Brown sued, claiming that because Card Service Center had no intention of referring her account to an attorney and no intention of filing a law...

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