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Miller v. McCalla, Raymer, Padrick, Cobb, Nichols & Clark, L.L.C.

214 F.3d 872 (2000)

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Miller v. McCalla, Raymer, Padrick, Cobb, Nichols & Clark, L.L.C.

United States Court of Appeals for the Seventh Circuit
214 F.3d 872 (2000)

AR

Facts

Miller (plaintiff) bought a house and later decided to rent it out when Miller got a new job. Miller fell behind on his loan, and the law firm McCalla, Raymer, Padrick, Cobb, Nichols & Clark, L.L.C. (defendant) sent Miller a collection letter. The letter stated that Miller owed $178,844.65, but also stated that Miller owed additional fees that Miller could discover by calling an 800 number. Miller sued McCalla for violating the Fair Debt Collection Practices Act by failing to state the debt amount owed. McCalla responded that Miller was using the house as a rental so it was now a business debt to which the act did not apply. The court ruled in McCalla’s favor, and Miller appealed.

Rule of Law

Issue

Holding and Reasoning (Posner, C.J.)

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