HUEBNER v. MIDLAND CREDIT MANAGEMENT, INC.

Nos. 16-2363-cv, 16-2367-cv August Term 2017

897 F.3d 42 (2018)

Levi HUEBNER, on behalf of himself and all other similarly situated consumers, Plaintiff-Appellant, Poltorak PC, Elie C. Poltorak, Interested Party-Appellants, v. MIDLAND CREDIT MANAGEMENT, INC., Midland Funding, LLC., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 19, 2018.


Attorney(s) appearing for the Case

FOR PLAINTIFF-APPELLANT: LAWRENCE KATZ , Valley Stream, NY, for Levi Huebner.

FOR INTERESTED PARTY-APPELLANTS: Elie C. Poltorak , Poltorak PC, Brooklyn, NY, pro se.

FOR DEFENDANTS-APPELLEES: ANDREW M. SCHWARTZ , Marshall Dennehey, Warner, Coleman & Goggin, P.C., Philadelphia, PA ( Matthew B. Johnson , New York, NY, on the brief), for Midland Credit Management, Inc., Midland Funding LLC.

FOR AMICUS CURIAE: Brian Melendez , Dykema Gossett PLLC, Minneapolis, MN, for ACA International.

Before: Leval, Livingston, and Chin, Circuit Judges.


Plaintiff-Appellant Levi Huebner ("Huebner") is an attorney who has litigated several cases under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692, et seq., which, among other things, prohibits debt collectors from using "false, deceptive, or misleading representation[s]. . . in...

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