Kevin Miller v. McCalla Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., & Echevarria, McCalla Raymer, Barrett, & Frappier, 214 F.3d 872 (7th Cir. 2000). · Go Syfert
Kevin Miller v. McCalla Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., & Echevarria, McCalla Raymer, Barrett, & Frappier, 214 F.3d 872 (7th Cir. 2000). Cases Citing This Book View Copy Cite
“what certainly could do was to state the total amount due - interest and other charges as well as principal - on the date the dunning letter was sent. we think the statute required this.”
311 citation events (302 in the last 25 years) across 44 distinct courts.
Strongest positive: Nicolaides v. Divine & Serv., Ltd. (nyed, 2019-06-14)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Nicolaides v. Divine & Serv., Ltd. (2×) also: Cited as authority (rule)
E.D.N.Y · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
a businessman who converts a business purchase to personal use does not by virtue of that conversion lose his commercial sophistication and so acquire a need for statutory protection.
discussed Cited as authority (verbatim quote) Alaska Trustee, LLC v. Ambridge (2×) also: Cited "see"
Alaska · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
what certainly could do was to state the total amount due - interest and other charges as well as principal - on the date the dunning letter was sent. we think the statute required this.
discussed Cited as authority (rule) Robert D. Zigman v. Meyers, Saxon & Cole, Irwin Meyers, and Robert Saxon
E.D.N.Y · 2026 · confidence medium
Following the Second Circuit’s lead, district courts distinguishing between personal and commercial purposes frequently emphasize the FDCPA’s goal of “regulate[ing] the debt collection tactics employed against personal borrowers on the theory that they are likely to be unsophisticated about debt collection and thus prey to unscrupulous collection methods.” Nicolaides v. Divine & Serv., Ltd., 382 F. Supp. 3d 251, 258 (E.D.N.Y. 2019) (emphasis in original) (citing Miller v. McCalla, Raymer, Patrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 875 (2000)).
cited Cited as authority (rule) John E. Collins, Jr. v. Nova Association Management Partners LLC, et al.
W.D. Wash. · 2026 · confidence medium
No. 51 at 7–8) (citing, e.g., Miller v. McCalla, Raymer, Padric, Cobb, Nichols & 16 Clark, L.L.C., 214 F.3d 872, 876 (7th Cir. 2000)).
cited Cited as authority (rule) Shaw, Robert v. Verizon Wireless
W.D. Wis. · 2023 · confidence medium
Burton, 934 F.3d at 580 ; Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 874 (7th Cir. 2000).
discussed Cited as authority (rule) Decker v. United Collection Bureau, Inc. (2×) also: Cited "see"
M.D. Penn. · 2023 · confidence medium
Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 876 (7th Cir. 2000).
discussed Cited as authority (rule) Arora v. Midland Credit Management, Inc.
N.D. Ill. · 2023 · confidence medium
Finally, as Arora himself acknowledged, “[t]he original creditor is more likely to know whether the debt was personal or commercial at its incipience.” Miller v. McCalla, Raymer, Patrick, Cobb, Nichols & Clark, L.L.C., 214 F.3d 872, 875 (7th Cir. 2000); (Third Motion to Compel at 2 (reciting this quotation).) Arora could have sought third-party discovery from people and entities more likely than Defendants to know about the nature of Adams’s debt, like Navy Federal Credit Union, but he did not.
discussed Cited as authority (rule) Farias Matos v. Lexington Place Condominium Association, Inc.
M.D. Fla. · 2022 · confidence medium
Fla. 2018) (determining “that the relevant time [to determine if the FDCPA applies] is when the loan is made, not when collection is attempted”) (quoting Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark L.L.C., 214 F.3d 872, 874 (7th Cir. 2000) (brackets in original)) The debt at issue here—an obligation to pay condominium assessments for maintenance of the common area elements of the condominium—was incurred as part of the cash closing of condo unit 623 at Lexington Place condos on March 31, 2016.
cited Cited as authority (rule) HOPKINS v. ADVANCED CALL CENTER TECHNOLOGIES, LLC.
D.N.J. · 2021 · confidence medium
McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 876 (7th Cir. 2000).
discussed Cited as authority (rule) ECHOLS v. PREMIERE CREDIT OF NORTH AMERICA, LLC (2×)
E.D. Pa. · 2021 · confidence medium
In cases where the debt can fluctuate, the Seventh Circuit has endorsed the “safe harbor” language established in Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, and Clark, L.L.C., 214 F.3d 872, 876 (7th Cir. 2000).
discussed Cited as authority (rule) ROCK v. GREENSPOON MARDER, LLP
D.N.J. · 2021 · confidence medium
Miller, 214 F.3d at 876 (devising safe harbor language to aid debt collectors in fulfilling their duty to “state the amount of the debt in cases . . . where the amount varies from day to day”).
discussed Cited as authority (rule) Maldonado v. Convergent Outsourcing, Inc.
N.D. Ill. · 2020 · signal: cf. · confidence medium
Techs., LLC, 493 F.3d 838, 841 (7th Cir. 2007); cf. Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 876 (7th Cir. 2000) (suggesting safe harbor language for continually accruing debt).
discussed Cited as authority (rule) LANTERI v. CREDIT PROTECTION ASSOCIATION, L.P. (2×) also: Cited "see, e.g."
S.D. Ind. · 2020 · confidence medium
CODE ANN. § 152.304 West 2011).] Ms. Lanteri also argues that "CPA's claim that Etan is just a '1%' general partner is unsupported." [Filing No. 238 at 38.] In reply, Defendants reiterate their argument that it is undisputed that Etan was not involved in the debt collection process and did not send any text messages or make any phone calls. [Filing No. 242 at 36.] Defendants argue that Ms. Lanteri has not cited any cases that would impute liability on an entity that was not involved in the alleged violations. [Filing No. 242 at 36.] Ms. Lanteri refutes Defendants' argument that Etan did not m…
cited Cited as authority (rule) Izmirligil v. Select Portfolio Servicing, Inc.
E.D.N.Y · 2020 · confidence medium
Id. (discussing Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 875 (7th Cir. 2000) (Posner, J.)).
cited Cited as authority (rule) Morgan v. Northstar Location Services, LLC
E.D.N.Y · 2019 · confidence medium
Id. (quoting Miller v. McCalla, Rayner, Padrick, Cobb, Nichols, & Clerk, LLC, 214 F.3d 872, 876 (7th Cir. 2000)).
discussed Cited as authority (rule) Hayles v. Aspen Properties Group, LLC
2d Cir. · 2019 · confidence medium
See Carlin, 852 F.3d at 215–16; Avila v. Riexinger & Assocs., LLC, 817 F.3d 72 , 76–77 (2d Cir. 2016); Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, and Clark, L.L.C., 214 F.3d 872, 875 (7th Cir. 2000).
discussed Cited as authority (rule) Bencomo v. Forster & Garbus LLP (2×)
E.D. Wis. · 2019 · confidence medium
Servs., Inc., 362 F.3d 944 , 946– 47 (7th Cir. 2004) (citing 15 U.S.C. § 1692g(a)(1); Miller v. McCalla, Raymer, Padrick, Cobb, Nichols & Clark, L.L.C., 214 F.3d 872, 875 (7th Cir. 2000)).
cited Cited as authority (rule) Noe v. Chastain
W.D. Mo. · 2019 · confidence medium
Minn. Dec. 13, 2011) (internal quotation marks omitted) (quoting Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 874 (7th Cir.2000)).
discussed Cited as authority (rule) Corwise v. FMS Investment Corp.
2d Cir. · 2019 · confidence medium
For further information, write the undersigned or call 1–800–[phone number]. 3 Id. at 77 (quoting Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 876 (7th Cir. 2000)).
discussed Cited as authority (rule) Kolbasyuk v. Capital Mgmt. Servs., LP
2d Cir. · 2019 · confidence medium
With that argument, Kolbasyuk apparently seeks to capitalize on Avila v. Riexinger & Associates, LLC, 817 F.3d 72 (2d Cir. 2016), in which we held that a debt collector’s failure to disclose that a consumer’s balance might increase due to interest and fees was variable.” Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 875 (7th Cir. 2000) (Posner, J.). 10 violated Section 1692e, id. at 76.
cited Cited as authority (rule) Trischler v. MRS BPO, LLC, d/b/a MRS Associates of New Jersey
N.D. Ill. · 2018 · confidence medium
Servs., Inc., 362 F.3d 944 , 946−47 (7th Cir. 2004) (citing Miller v. McCalla, Raymer, Padrick, Cobb, Nichols & Clark, L.L.C., 214 F.3d 872, 875 (7th Cir. 2000)).
discussed Cited as authority (rule) Ocampo v. GC Services International, LLC
N.D. Ill. · 2018 · confidence medium
Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 875 (7th Cir. 2000) (holding that it was a violation of § 1692g(a)(1) to state the “unpaid principal balance” of the loan, noting that amount did “not include accrued but unpaid interest, unpaid late charges, escrow advances or other charges”).
cited Cited as authority (rule) Ali v. Portfolio Recovery Associates, LLC
N.D. Ill. · 2018 · confidence medium
Aug. 8, 2013)(Kennelly, J.)(citing Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 875 (7th Cir. 2000)).
discussed Cited as authority (rule) Ellison v. Fullett Rosenlund Anderson P.C.
N.D. Ill. · 2018 · confidence medium
The bar for potential confusion is low to protect consumers from “unscrupulous collection methods.” Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 875 (7th Cir. 2000).
discussed Cited as authority (rule) Preston v. Midland Credit Management, Inc.
N.D. Ill. · 2018 · confidence medium
And he contends that the Seventh Circuit’s recent decision in Boucher v. Financial System of Green Bay supports rejecting Evory, where the Seventh Circuit reiterated that a debt collector may only rely on a safe harbor where the information provided “is accurate and he does not obscure it by adding confusing other information (or misinformation).” 880 F.3d 362, 370 (7th Cir. 2018) (quoting Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 876 (7th Cir. 2000)).
discussed Cited as authority (rule) Johnson v. Alltran Financial, LP
N.D. Ill. · 2018 · confidence medium
On appeal, the Seventh Circuit reversed and 3 Plaintiff relies on cases “[f]or debts where it is possible that the amount due could vary,” and in such cases “it is mandatory for the debt collector to disclose how to determine the balance of the alleged debt and other obligations regarding payment.” (FAC at ¶ 44 (citing Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 876 (7th Cir. 2000)) (emphasis in original).) The Court, however, agrees with Alltran that Chuway v. Nat’l Action Fin.
cited Cited as authority (rule) Kimberly Aker v. Collection Associates, LTD.
7th Cir. · 2017 · confidence medium
See 15 U.S.C. § 1692f(1); Miller v. McCalla, Raymer, Padrick, Cobb, Nichols & Clark, L.L.C., 214 F.3d 872, 876 (7th Cir. 2000).
discussed Cited as authority (rule) Washington v. Portfolio Recovery Associates, LLC
N.D. Ill. · 2016 · confidence medium
In addition, Defendants argue that they are insulated from Plaintiffs claims because their letter used the “safe harbor” language announced in Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 876 (7th Cir. 2000), to state the balance that Plaintiff owed and the fact that it could be higher at the time payment was ultimately made.
discussed Cited as authority (rule) In re: Allana Baroni (2×) also: Cited "see, e.g."
9th Cir. BAP · 2015 · signal: cf. · confidence medium
Cf. Miller, 214 F.3d at 874-75 (indicating 23 that a loan used to refinance property that at the time of the 24 25 12 The loan documentation for the Carmel refinancing loan 26 further supports the notion that the Carmel property was not used as the Baronis’ residence at the time James entered into the 27 transaction.
discussed Cited as authority (rule) In re: Allana Baroni (2×) also: Cited "see, e.g."
9th Cir. BAP · 2015 · signal: cf. · confidence medium
Cf. Miller, 214 F.3d at 874-75 (indicating 23 that a loan used to refinance property that at the time of the 24 25 12 The loan documentation for the Carmel refinancing loan 26 further supports the notion that the Carmel property was not used as the Baronis’ residence at the time James entered into the 27 transaction.
discussed Cited as authority (rule) Gesten v. Phelan Hallinan, PLC (2×) also: Cited "see"
S.D. Fla. · 2014 · confidence medium
This figure therefore “is not the debt; it is only part of the debt.” Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, and Clark, L.L.C., 214 F.3d 872, 875 (7th Cir.2000).
examined Cited as authority (rule) McDermott v. Marcus, Errico, Emmer & Brooks, P.C. (3×) also: Cited "see"
D. Mass. · 2012 · confidence medium
Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, and Clark, L.L.C., 214 F.3d 872, 875 (7th Cir.2000) (antecedent of this clause “as a matter of grammar” is “the transaction out of which the obligation to repay arose, not the obligation itself’); see Pol-lice v. National Tax Funding, L.P., 225 F.3d 379, 401 (3rd Cir.2000) (“plain meaning of section 1692a(5) indicates that a ‘debt’ is created whenever a consumer is obligated to pay money as a result of a transaction whose subject is primarily for personal, family, or household purposes”).
discussed Cited as authority (rule) LaRocque v. TRS Recovery Services, Inc.
D. Me. · 2012 · confidence medium
See, e.g., Jones v. Midland Funding, LLC, 755 F.Supp.2d 393 (D.Conn.2010); Miller v. McCalla Raymer, 214 F.3d 872, 875 (7th Cir.2000); Welker v. Law Office, 699 F.Supp.2d 1164, 1167 (S.D.Cal.2010) ("least sophisticated debtor” will interpret such a notice as "stating only a part of the debt owed”).
discussed Cited as authority (rule) Harold Boosahda v. Providence Dane LLC
4th Cir. · 2012 · confidence medium
Cf. Slenk v. Transworld Sys., Inc., 236 F.3d 1072, 1075 (9th Cir.2001) (explaining that, in determining whether debt is consumer debt, court should “examine the transaction as a whole” and “look to the substance of the transaction and the borrower’s purpose in obtaining the loan, rather than the form alone” (internal quotation marks omitted)); Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, LLC, 214 F.3d 872, 875 (7th Cir.2000) (observing that whether debt is consumer debt depends on “the transaction out of which the obligation to repay arose, not the obligation itself�…
cited Cited as authority (rule) Metso Minerals Industries, Inc. v. Johnson Crushers International, Inc.
E.D. Wis. · 2011 · confidence medium
More succinctly, “[g]rammar needn’t trump sense.” Miller v. McCalla, Raymer, Padrick, 214 F.3d 872, 875 (7th Cir. 2000).
discussed Cited as authority (rule) Petsche v. EMC Mortgage Corp.
D. Minnesota · 2011 · confidence medium
Miller v. McCalla, Raymer, Padrick, Cobb, Nichols et al., 214 F.3d 872, 875-76 (7th Cir. 2000) (holding that the character of the debt is determined at the time it was incurred and by the purpose for which it was incurred).
cited Cited as authority (rule) Lucinda S. Agueros A/K/A Lucinda S. Campos v. Hudson & Keyse, LLC
Tex. App. · 2010 · confidence medium
Hepsen, 2009 WL 3064865 , at * 5 (citing Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 875 (7th Cir. 2000)).
discussed Cited as authority (rule) LeBlanc v. Unifund CCR Partners
11th Cir. · 2010 · confidence medium
July 14, 2006) (citing Pollice v. Nat’l Tax Funding, L.P., 225 F.3d 379, 405 (3d Cir.2000); Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, and Clark, *1202 L.L.C., 214 F.3d 872, 876 (7th Cir.2000)).
discussed Cited as authority (rule) Welker v. LAW OFFICE OF DANIEL J. HORWITZ (2×)
S.D. Cal. · 2010 · confidence medium
Nowhere in the dunning letter did Defendant indicate how much was being asked for the “interest at the legal rate” or for the “reimbursement of court costs.” As the Seventh Circuit said in a similar case, a statement such as this does not comply with the FDCPA’s requirement that Defendant list the “amount of the debt” because “[t]he unpaid principal balance is not the debt; it is only a part of the debt.” See Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 875 (7th Cir.2000) (finding a violation of Section 1692g(a)(l) where the dunning letter…
discussed Cited as authority (rule) Acik v. I.C. System, Inc. (2×)
N.D. Ill. · 2009 · confidence medium
The letter provided a phone number to call if there were questions about the bill, but the Fields court pointed out that providing a phone number does not excuse “incomplete information in a dunning letter.” Id. at 566 ((citing Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, and Clark, LLC, 214 F.3d 872, 875 (7th Cir.2000)) (noting notorious difficulty in calling 800 numbers to obtain information about loans)).
discussed Cited as authority (rule) Welker v. Law Office of Horwitz (2×) also: Cited "see"
S.D. Cal. · 2009 · confidence medium
“Section 1962g(a)(1) requires debt collectors ‘to state the total amount due — interest and other charges as well as principal — on the date the dunning letter was sent.’ ” Dupuy v. Weltman, 442 F.Supp.2d 822, 827 (N.D.Cal.2006) (quoting Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, and Clark, L.L.C., 214 F.3d 872, 875 (7th Cir.2000)).
discussed Cited as authority (rule) Gathuru v. Credit Control Services, Inc.
D. Mass. · 2009 · confidence medium
For further information, write the undersigned or call l-800-[phone number].” Chuway, 362 F.3d at 949 (quoting Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 876 (7th Cir.2000)). 18 .
discussed Cited as authority (rule) Sanchez v. United Collection Bureau, Inc.
N.D. Ga. · 2009 · confidence medium
Id. at *3 (citing Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, and Clark, LLC, 214 F.3d 872, 875-76 (7th Cir.2000) (finding that a dunning letter that stated only the unpaid principal balance, when a known amount of interest had accrued, violated the FDCPA)).
discussed Cited as authority (rule) McKinney v. Cadleway Properties, Inc. (2×)
7th Cir. · 2008 · confidence medium
Although the SBA had not demanded immediate full payment, McKinney had plainly defaulted on her payment obligations. [3] McKinney did testify that she did not understand the paragraph of the notice that stated the total amount owed, including interest and charges; that paragraph identified the amount of principal and interest owed and also stated that "[b]ecause of interest, late charges and other charges that may vary from day to day, the amount due on the day you pay may be greater." This language is an almost exact replica of the "safe harbor" we established in Miller v. McCalla, Raymer, Pa…
discussed Cited as authority (rule) McKinney, Versia S. v. Cadleway Properties
7th Cir. · 2008 · confidence medium
This does not contradict any of the statutory notices given in the body of the validation-of-debt notice, which clearly communicate the consumer’s right to dispute the debt and require the debt collector to obtain verification of it. 3 McKinney did testify that she did not understand the para- graph of the notice that stated the total amount owed, including interest and charges; that paragraph identified the amount of principal and interest owed and also stated that “[b]ecause of interest, late charges and other charges that may vary from day to day, the amount due on the day you pay may b…
discussed Cited as authority (rule) LeBlanc v. Unifund CCR Partners, G.P.
M.D. Fla. · 2008 · confidence medium
Plaintiff also cites Peter v. GC Services, LP, 310 F.3d 344, 353 (5th Cir.2002); Miller v. McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC, 214 F.3d 872, 876 (7th Cir.2000); Cashman v. Ricigliano, No. Civ. 3:02CIV1423 (MRK), 2004 WL 1920798 (D.Conn.
discussed Cited as authority (rule) Evory, Tammy A. v. RJM Acquisitions Fun
7th Cir. · 2007 · confidence medium
As in previous cases in which we have created safe-harbor language for use in cases under the Fair Debt Collection Practices Act, see Veach v. Sheeks, 316 F.3d 690, 693-94 (7th Cir. 2003); Miller v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 876 (7th Cir. 2000); Bartlett v. Heibl, 128 F.3d 497 (7th Cir. 1997); cf. Diaz v. Prudential Ins.
discussed Cited as authority (rule) Evory v. RJM ACQUISITIONS FUNDING LLC
7th Cir. · 2007 · confidence medium
As in previous cases in which we have created safe-harbor language for use in cases under the Fair Debt Collection Practices Act, see Veach v. Sheeks, 316 F.3d 690, 693-94 (7th Cir.2003); Miller v. *776 McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 876 (7th Cir.2000); Bartlett v. Heibl, 128 F.3d 497 (7th Cir.1997); cf. Diaz v. Prudential Ins.
discussed Cited as authority (rule) Williams v. OSI Educational Services, Inc.
7th Cir. · 2007 · confidence medium
The district court stated that, “[ajlthough the language in the letter does not exactly track the ‘safe harbor’ wording in Miller [v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 876 (7th Cir.2000)], the letter clearly advises that additional interest is accruing on a daily basis and that, therefore, additional interest may be added.” R.28 at 6.
discussed Cited as authority (rule) Williams, Sandra v. OSI Educ Services
7th Cir. · 2007 · confidence medium
The district court stated that, “[a]lthough the language in the letter does not exactly track the ‘safe harbor’ wording in Miller [v. McCalla, Raymer, Padrick, Cobb, Nichols, & Clark, L.L.C., 214 F.3d 872, 876 (7th Cir. 2000)], the letter clearly advises that additional interest is accruing on a daily basis and that, therefore, additional interest may be added.” R.28 at 6.
Retrieving the full opinion text from the archive…
Kevin MILLER, Plaintiff-Appellant,
v.
McCALLA, RAYMER, PADRICK, COBB, NICHOLS, AND CLARK, L.L.C., and Echevarria, McCalla, Raymer, Barrett, and Frappier, Defendants-Appellees
99-3263.
Court of Appeals for the Seventh Circuit.
Jul 26, 2000.
214 F.3d 872
Daniel A. Edelman, Cathleen M. Combs (argued), Edelman, Combs & Latturner, Chicago, IL, for Kevin Miller., Stephen R. Swofford, Hinshaw & Culbertson, Chicago, IL, Monica L. Thompson, Kenneth L. Schmetterer (argued), Piper Marbury Rudnick & Wolfe, Chicago, IL, for McCalla, Raymer, Padrick, Cobb, Nichols, and Clark, L.L.C., Christine L. Olson (argued), Thomas L. Browne, Hinshaw & Culbertson, Chicago, IL, for Echevarria, McCalla, Raymer, Barrett, and Frappier, a Florida general partnership.
Posner, Ripple, Rovner.
Cited by 145 opinions  |  Published
POSNER, Chief Judge.

This is a suit under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq., against two related law firms engaged in debt collection. The plaintiff (the debt- or) claims that the defendants violated the Act by failing to state “the amount of the debt” in the dunning letter of which he complains. See § 1692g(a)(l). They reply that they did state the amount and that anyway the letter is outside the scope of the Act because they were trying to collect a business debt rather than a consumer debt, and the Act is limited to the collection of consumer debts. § 1692a(5); First Gibraltar Bank, FSB v. Smith, 62 F.3d 133 (5th Cir.1995). The district court granted summary judgment for the defendants on the latter ground, and let us start there.

The plaintiff bought a house in Atlanta in 1992, and took out a mortgage. He lived in the house until 1995, when he accepted a job in Chicago; from then on, he rented the house. He received the dunning letter from one of the defendant law firms on behalf of the mortgagee in 1997. By this time, renting the property to strangers, the plaintiff was making a business use of the property and so the mortgage loan was financing a business rather than a consumer debt. But he argues that the relevant time for determining the nature of the debt is when the debt first arises, not when collection efforts begin. The defendants riposte that since the Act under which the plaintiff is suing, unlike the Truth in Lending Act, governs debt collection, the relevant time is when the attempt at collection is made. Oddly, there are no reported appellate decisions on the issue, though it was assumed in Bloom v. I.C. System, Inc., 972 F.2d 1067, 1068-69 (9th Cir.1992), that the relevant time is when the loan is made, not when collection is attempted.

The language of the statute favors this interpretation. “Debt” is defined as “any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes.” § 1692a(5). The defendants don’t deny that the plaintiff is a “consumer,” even though he is in the “business” of renting his house (they can’t deny this, because “the term ‘consumer’ means any natural person obligated or allegedly obligated to pay any debt,” § 1692a(3)). And the antecedent of the first “which” in the clause “in which the money, property, insurance,[*875] or services which are the subject of the transaction are primarily for personal, family, or household purposes” is, as a matter of grammar anyway, the transaction out of which the obligation to repay arose, not the obligation itself; and that transaction was the purchase of a house for a personal use, namely living in it. Grammar needn’t trump sense; the purpose of statutory interpretation is to make sense out of statutes not written by grammarians. But we cannot say that it is senseless to base the debt collector’s obligation on the character of the debt when it arose rather than when it is to be collected. The original creditor is more likely to know whether the debt was personal or commercial at its incipience than either the creditor or the debt collector is to know what current use the debtor is making of the loan (in this case, the plaintiff is using the loan, in effect, to generate income from the house that secures the loan);

Against this the defendants argue that the plaintiffs interpretation creates a loophole. Suppose the plaintiff had bought the house to use as an office, and later converted it to personal use; on the plaintiffs interpretation of the Act the debt collector would not have to give him the statutory warnings. But this makes perfect sense. The Act regulates the debt collection tactics employed against personal borrowers on the theory that they are likely to be unsophisticated about debt collection and thus prey to unscrupulous collection methods. See S.Rep. No. 382, 95th Cong., 1st Sess. 2 (1977), U.S.Code Cong. & Admin.News 1977, 1695; Keele v. Wexler, 149 F.3d 589, 594 (7th Cir.1998); McCartney v. First City Bank, 970 F.2d 45, 47 (5th Cir.1992). Businessmen don’t need the warnings. A businessman who converts a business purchase to personal use does not by virtue of that conversion lose his commercial sophistication and so acquire a need for statutory protection. And we agree with the plaintiffs concession that if a borrower for a personal use were to assign the loan that financed that use to a business, the debt would then arise out of the assignment, rather than out of the original loan, and so the Act would be inapplicable — rightly so since the recipient of the dunning letter would be a businessman, not a consumer.

So the Act is applicable and we move to the question whether the defendants violated the statutory duty to state the amount of the loan. 15 U.S.C. § 1692g(a)(l). The dunning - letter said that the “unpaid principal balance” of the loan (emphasis added) was $178,844.65, but added that “this amount does not include accrued but unpaid interest, unpaid late charges, escrow advances or other charges for preservation and protection of the lender’s interest in the property, as authorized by your loan agreement. The amount to reinstate or pay off your loan changes daily. You may call our office for complete reinstatement and payoff figures.” An 800 number is given.

The statement does not comply with the Act (again we can find no case on the question). The unpaid principal balance is not the debt; it is only a part of the debt; the Act requires statement of the debt. The requirement is not satisfied by listing a phone number. It is notorious that trying to get through to an 800 number is often a vexing and protracted undertaking, and anyway, unless the call is recorded, to authorize debt collectors to comply orally would be an invitation to just the sort of fraudulent and coercive tactics in debt collection that the Act aimed (rightly or wrongly) to put an end to. It is no excuse that it was “impossible” for the defendants to comply when as in this case the amount of the debt changes daily. What would or might be impossible for the defendants to do would be to determine what the amount of the debt might be at some future date if for example the interest rate in the loan agreement was variable., What they certainly could do was to state the total amount due — interest and other charges as well as principal — on the date the dun[*876] ning letter was sent. We think the statute required this.

In a previous case, in an effort to minimize litigation under the debt collection statute, we fashioned a “safe harbor” formula for complying with another provision of the statute. Bartlett v. Heibl, 128 F.3d 497, 501-02 (7th Cir.1997); see also Herzberger v. Standard Ins. Co., 205 F.3d 327, 331 (7th Cir.2000). We think it useful to do the same thing for the “amount of debt” provision. We hold that the following statement satisfies the debt collector’s duty to state the amount of the debt in cases like this where the amount varies from day to day: “As of the date of this letter, you owe $_ [the exact amount due]. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call 1-800- [phone number].” A debt collector who uses this form will not violate the “amount of the debt” provision, provided, of course, that the information he furnishes is accurate and he does not obscure it by adding confusing other information (or misinformation). E.g., Marshall-Mos-by v. Corporate Receivables, Inc., 205 F.3d 323, 326 (7th Cir.2000); Bartlett v. Heibl, supra, 128 F.3d at 500. Of course we do not hold that a debt collector must use this form of words to avoid violating the statute; but if he does, and (to repeat an essential qualification) does not add other words that confuse the message, he will as a matter of law have discharged his duty to state clearly the amount due. No reasonable person could conclude that the statement that we have drafted does not inform the debtor of the amount due. Cf. Walker v. National Recovery, Inc., 200 F.3d 500, 503 (7th Cir.1999).

It remains to consider the independent argument of one of the two defendant law firms that it is not a “debt collector” within the meaning of the statute. See § 1692a(6). The firm that sent the dunning letter to the plaintiff is McCalla, Ray-mer, Padrick, Cobb, Nichols & Clark, L.L.C., and the other firm is Echevarria, McCalla, Raymer, Barrett & Frappier. The first firm, the McCalla firm we’ll call it, is a partner in the Echevarria firm. (The purpose of this unusual arrangement, presumably, is to preserve the McCalla firm’s limited liability, but the parties do not discuss the purpose and it is not material.) The Echevarria firm argues that it should not be liable for its partner’s statutory violation, analogizing its relation to its partner as one of affiliated corporations and pointing to the rule that, save in exceptional circumstances not demonstrated here, one affiliated corporation is not hable for the debts of the other, e.g., Papa v. Katy Industries, Inc., 166 F.3d 937 (7th Cir.1999) — a principle applicable to suits under the Fair Debt Collection Practices Act. Pettit v. Retrieval Masters Creditors Bureau, Inc., 211 F.3d 1057, 1058-60 (7th Cir.2000); White v. Goodman, 200 F.3d 1016, 1019 (7th Cir.2000); Aubert v. American General Finance, Inc., 137 F.3d 976, 979-80 (7th Cir.1998). The flaw is that partners, unlike corporations, do not enjoy limited liability. The liability of a partnership is imputed to the partners, and so the plaintiff was entitled to sue the partners as well as the partnership. Bartlett v. Heibl, supra, 128 F.3d at 499-500; Fla. Stat. § 620.8305(1) (the Echevarria firm is a Florida partnership).

The judgment in favor of the defendants is reversed and the case is remanded to the district court for further proceedings consistent with this opinion.

Reversed AND RemaNded.