Patricia Pelfrey, on Behalf of Herself and the Class Described Herein, Plaintiff-appellant, v. Educational Credit Management Corporation, Defendant-appellee, 208 F.3d 945 (11th Cir. 2000)

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U.S. Court of Appeals for the Eleventh Circuit - 208 F.3d 945 (11th Cir. 2000) April 6, 2000

Appeal from the United States District Court for the Northern District of Alabama (No. 98-02422-CV-PT-E); Robert B. Propst, Judge.

Before TJOFLAT and MARCUS, Circuit Judges, and KRAVITCH, Senior Circuit Judge.


We affirm the judgment of the district court granting the defendant's motion for judgment as a matter of law on the ground that the Fair Debt Collection Practices Act, 15 U.S.C. 1692, et seq. (1994), does not apply to the defendant, because the defendant is a "person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity ... is incidental to a bona fide fiduciary obligation...." 15 U.S.C. 1692a(6) (F) (i). See Pelfrey v. Educational Credit Management Corp., 71 F. Supp. 2d 1161, 1172-74, 1179-80 (N.D. Ala. 1999).