Woods v. LVNV Funding, LLC, No. 21-1981 (7th Cir. 2022)
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Woods claims an identity thief opened a credit card in his name, leading debt collectors to pursue him for the card’s unpaid balance, $723.55. The debt collector, Resurgent, initially rejected his claims that the debt was not his. After months of phone calls and letter writing, Woods succeeded in having the debt removed from his credit report. Woods filed suit under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. He alleged that the companies violated the FDCPA by using “false representation[s] or deceptive means to collect or attempt to collect any debt,” 15 U.S.C. 1692e(10). In Woods’s view, Resurgent’s collection letters were literally false, since they stated that he owed a debt that American Airlines had since determined was not his. Woods claimed that Resurgent violated FCRA by failing to conduct a reasonable investigation into his fraud claims, 15 U.S.C. 1681s-2(b)(1)(A).
The Seventh Circuit affirmed the dismissal of his suit. Literal falsity is not the standard under section 1692; a statement “isn’t ‘false’ unless it would confuse the unsophisticated consumer.” Resurgent’s investigation was reasonable, in light of Woods’s failure to respond to requests for information.
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