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Boyd v. Wexler
United States Court of Appeals for the Seventh Circuit
275 F.3d 642 (2001)
Norman Wexler (defendant) was an attorney who collected debts owed to his clients. Wexler worked at a law firm with two other lawyers and 45 additional employees. In an average month, the firm sent over 50,000 collection letters. Birgetta Boyd and Charlene Harrison (plaintiffs) received collection letters from Wexler. Boyd and Harrison sued Wexler in federal district court, alleging that Wexler violated the Fair Debt Collection Practices Act (FDCPA) by sending them collection letters that he had not reviewed and implying that he had reviewed them. Wexler moved for summary judgment. To support his motion, Wexler submitted an affidavit claiming that he or one of the two other lawyers at the firm reviewed each debtor’s file before sending a collection letter to ensure the accuracy of information in the letter, with Wexler conducting most of the reviews. Wexler also claimed that he personally reviewed Boyd’s and Harrison’s files before sending them any collection letters. The district court accepted Wexler’s affidavit as truthful and granted his motion for summary judgment. Boyd and Harrison appealed.
Rule of Law
Holding and Reasoning (Posner, J.)
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