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EASTERLING v. COLLECTO, INC.

Docket No. 11-3209-cv.

692 F.3d 229 (2012)

Berlincia EASTERLING, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. COLLECTO, INC., dba Collection Company of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 30, 2012.

Attorney(s) appearing for the Case

Brian Lewis Bromberg , Bromberg Law Office, P.C., New York, NY ( Michael N. Litrownik , Bromberg Law Office, P.C., New York, NY; Seth J. Andrews , Joseph D. Clark , Kenneth R. Hiller , Law Offices of Kenneth R. Hiller, PLLC, Amherst, NY, on the brief), for Plaintiff-Appellant.

Bradley J. Levien , Mintzer Sarowitz Zeris Ledva & Meyers, LLP, Hicksville, NY, for Defendant-Appellee.

Before: KATZMANN, WESLEY, and LYNCH, Circuit Judges.

PER CURIAM:

This case requires us to determine whether a debt collector's inaccurate representation to a debtor that her student loans were "ineligible" for bankruptcy discharge is a "false, misleading, or deceptive" debt collection practice, in violation of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692, et seq. We conclude that it is.

BACKGROUND

In or around 1987, Plaintiff-Appellant Berlincia Easterling obtained...

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