Huebner v. Midland Credit Management, No. 16-2363 (2d Cir. 2018)Annotate this Case
The Second Circuit affirmed the district court's judgment in an action brought by plaintiff against Midland, alleging that they violated the Fair Debt Collection Practices Act (FDCPA). The court held that the district court did not err by granting summary judgment in favor of Midland, because there were no genuine questions of fact as to whether a Midland employee purposefully overwhelmed him with harassing questions or misled him with her questions in violation of section 1692e of the FDCPA. Summary judgment was also properly granted as to plaintiff's claim that Midland violated section 1692e(8), which required debt collectors to communicate that a disputed debt was disputed. The court also held that the district court did not abuse its discretion by sanctioning plaintiff's attorney for misleading the court during the initial status conference, plaintiff for disregarding a protective order, and both plaintiff and the law firm for needlessly multiplying proceedings.