Heinz v. Carrington Mortgage Services, LLC, No. 19-3717 (8th Cir. 2021)
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The Eighth Circuit affirmed the district court's grant of summary judgment in favor of Carrington on plaintiff's Fair Debt Collection Practices Act claim. The court agreed with the district court that Carrington's alleged misrepresentations and unfair conduct were not made or carried out in connection with an attempt to collect a debt, and thus plaintiff failed to allege a claim under the Act.
In this case, the communications at issue were not made in connection with an attempt to collect on the underlying mortgage debt. Although the boilerplate disclosures section of each letter stated "for the purpose of collecting a debt," these types of boilerplate mini-Miranda disclosures do not automatically trigger the protections of the Act. Rather, the court looked to the substance of the letter, which did not try to induce plaintiff to pay his outstanding debt.
Court Description: [Shepherd, Author, with Stras and Kobes, Circuit Judges] Civil case - Fair Debt Collection Practices Act. The district court did not err in granting summary judgment to defendant on plaintiff's FDCPA claims on the ground that defendants' alleged misrepresentations and unfair conduct were not made or carried out in connection with an attempt to collect a debt and did not, therefore, state a claim under the Act.
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