ZEMECKIS v. GLOBAL CREDIT & COLLECTION CORP., 11-2334. (2012)
Court: Court of Appeals for the Seventh Circuit
Number: infco20120511102
Visitors: 8
Filed: May 11, 2012
Latest Update: May 11, 2012
Summary: FootNotes 1. Section 1692g(b) was amended to proscribe overshadowing collection activities in 2006. Zemeckis argues that cases decided before the amendment are therefore irrelevant or less persuasive. However, the statutory amendment merely codified a rule that the courts had already instituted. See, e.g., Bartlett v. Heibl, 128 F.3d 497 , 500 (7th Cir.1997) ("[T]he implied duty to avoid confusing the unsophisticated consumer can be violated by contradicting or `overshadowing' the required
Summary: FootNotes 1. Section 1692g(b) was amended to proscribe overshadowing collection activities in 2006. Zemeckis argues that cases decided before the amendment are therefore irrelevant or less persuasive. However, the statutory amendment merely codified a rule that the courts had already instituted. See, e.g., Bartlett v. Heibl, 128 F.3d 497 , 500 (7th Cir.1997) ("[T]he implied duty to avoid confusing the unsophisticated consumer can be violated by contradicting or `overshadowing' the required ..
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FootNotes
1. Section 1692g(b) was amended to proscribe overshadowing collection activities in 2006. Zemeckis argues that cases decided before the amendment are therefore irrelevant or less persuasive. However, the statutory amendment merely codified a rule that the courts had already instituted. See, e.g., Bartlett v. Heibl, 128 F.3d 497, 500 (7th Cir.1997) ("[T]he implied duty to avoid confusing the unsophisticated consumer can be violated by contradicting or `overshadowing' the required notice."). We, therefore, consider with equal attention cases decided before or after the 2006 amendments.
Source: Leagle
