Bradley, et al. v. Franklin Collection Service, Inc., No. 13-12276 (11th Cir. 2014)Annotate this Case
After appellants failed to pay their medical debts, Urology and UAB West referred the accounts to Franklin Collection Service and added to appellants' accounts a charge for collection fees. The court held that Franklin violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692-1692p, when it collected from appellants a debt that included a 33-and-1/3% "collection fee" when appellants only agreed to pay the actual costs of collection. Accordingly, the court reversed the district court's grant of summary judgment in favor of Franklin on appellants claims under section 1692f of the FDCPA. The court affirmed the remaining federal and state law claims.