LYNNE DONOVAN v. FIRSTCREDIT, INC. - Articles

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LYNNE DONOVAN v. FIRSTCREDIT, INC.

Posted by: Tanja Trezise on Dec 18, 2020

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Geoffrey C. Parker, HILTON PARKER, Pickerington, Ohio, for Appellant.

Attorneys 2: ARGUED: David B. Shaver, SURDYK, DOWD & TURNER CO., L.P.A., Dayton, Ohio, for Appellee.

Attorneys 3: ON BRIEF: Geoffrey C. Parker, HILTON PARKER, Pickerington, Ohio, for Appellant.

Attorneys 4: ON BRIEF: David B. Shaver, Jeffrey C. Turner, SURDYK, DOWD & TURNER CO., L.P.A., Dayton, Ohio, for Appellee.

Judge(s): MOORE, COOK, and STRANCH, Circuit Judges

Court Appealed: United States District Court for the Southern District of Ohio at Columbus

KAREN NELSON MOORE, Circuit Judge. Plaintiff Lynne Donovan appeals from a judgment entered against her after the district court granted Defendant FirstCredit, Inc.’s (“FirstCredit”) motion for judgment on the pleadings. The central issue is whether Donovan’s allegations—concerning a letter that FirstCredit sent to Donovan regarding a purported medical debt—are sufficient to state a claim for relief under 15 U.S.C. § 1692f(8), a provision of the Fair Debt Collection Practices Act (“FDCPA”) that limits the language and symbols that debt collectors may employ on an envelope when communicating with a consumer by mail. The district court determined that FirstCredit’s letter did not run afoul of § 1692f(8) and accordingly granted judgment on the pleadings in favor of FirstCredit. We disagree, and so we REVERSE the judgment of the district court and REMAND for further proceedings.

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