Lox v. CDA, Ltd., No. 11-2729 (7th Cir. 2012)
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In 2005, Lox received medical treatment from Dr. Baylor and incurred a debt. Lox failed to pay. His debt was referred to CDA, a debt collection agency. CDA attempted to collect Lox’s debt was through dunning letters, and one of those letters included a warning that failure to pay his debt could lead to a lawsuit brought against Lox. The letter further stated that if Dr. Baylor was successful in his lawsuit, Lox could be ordered by the court to pay Dr. Baylor’s attorney fees. Lox claimed violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692, claiming that Dr. Baylor could not, under any circumstances, have recovered attorney fees from Lox. The district court granted CDA summary judgment. The Seventh Circuit reversed. The attorney fees statements found in CDA’s dunning letters were materially false and misleading on their face.
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