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O'ROURKE v. PALISADES ACQUISITION XVI, LLC

No. 10-1376.

635 F.3d 938 (2011)

Michael O'ROURKE, individually and on behalf of a class, Plaintiff-Appellant, v. PALISADES ACQUISITION XVI, LLC, and Palisades Collection, LLC, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 17, 2011.

Attorney(s) appearing for the Case

Daniel A. Edelman , Attorney, James O. Latturner (argued), Attorney, Edelman, Combs & Latturner, Chicago, IL, for Plaintiff-Appellant.

Stephen R. Swofford (argued), Attorney, Hinshaw & Culbertson, Chicago, IL, for Defendants-Appellees.

Before FLAUM, MANION, and TINDER, Circuit Judges.

MANION, Circuit Judge.

Michael O'Rourke had a large outstanding balance on his credit card. Over the years, the unpaid debt was sold to several debt collectors and finally to Palisades Acquisition XVI. It sought but failed to collect on the debt and eventually sued O'Rourke in state court. Attached to the complaint was an exhibit that closely resembled a credit card statement listing the balance he owed and placing Palisades in the place of the issuer. O'Rourke sued...

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