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Schroyer v. Frankel

United States Court of Appeals for the Sixth Circuit
197 F.3d 1170 (1999)

Written by Heather Whittemore, JD

Facts

Kenneth Frankel (defendant) was an attorney employed by Smith & Smith (the firm) (defendant), a law firm. Seven percent of Frankel’s cases and 2 percent of the firm’s overall cases involved debt collection, generally performed on behalf of business clients who had hired the firm for other matters. In many of his debt-collection cases, Frankel represented the debtor, not the creditor. Frankel was hired to represent a plumbing company in litigation against Michael and Gail Schroyer (plaintiffs). The Schroyers sued Frankel and the firm in federal district court, alleging that they had violated the Fair Debt Collection Practices Act (FDCPA). The district court dismissed the case, holding that Frankel and the firm were not debt collectors governed by the FDCPA. The Schroyers appealed.

Rule of Law

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Issue

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Holding and Reasoning (Clay, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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