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MILLER v. JAVITCH, BLOCK & RATHBONE

No. 08-3336.

561 F.3d 588 (2009)

Peggy MILLER, Plaintiff-Appellant, United States of America, Intervenor, v. JAVITCH, BLOCK & RATHBONE; Diana J. Prehn; Brian C. Block, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 6, 2009.

Attorney(s) appearing for the Case

ARGUED: Stephen R. Felson, Law Office, Cincinnati, Ohio, for Appellant. Michael D. Slodov, Javitch, Block & Rathbone, Cleveland, Ohio, for Appellees. Howard S. Scher, United States Department of Justice, Washington, D.C., for Intervenor.

ON BRIEF: Stephen R. Felson, Law Office, Cincinnati, Ohio, Steven C. Shane, Steven C. Shane, Attorney at Law, Bellevue, Kentucky, for Appellant. Michael D. Slodov, Javitch, Block & Rathbone, Cleveland, Ohio, for Appellees. Howard S. Scher, Michael S. Raab, United States Department of Justice, Washington, D.C., for Intervenor.

COOK, J., delivered the opinion of the court, in which EDMUNDS, D.J., joined. COLE, J. (pp. 597-601), delivered a separate dissenting opinion.

OPINION

COOK, Circuit Judge.

Peggy Miller filed a putative class action against law firm Javitch, Block & Rathbone and two of its agents (collectively, "JBR") under the Fair Debt Collection Protection Act ("FDCPA"). 15 U.S.C. §§ 1692e et seq. Miller contends that JBR violated the FDCPA by using false, deceptive, and misleading language in a debt-collection complaint. The district court first granted judgment on the pleadings on the falsity...

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