DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
071136P.pdf 03/03/2008 Gregory Wilhelm v. Credico
U.S. Court of Appeals Case No: 07-1136
District of North Dakota - Bismarck
[PUBLISHED] [Loken, Author, with Gruender and Benton, Circuit Judges]
Civil case - consumer law. District court did not err in granting
defendant's motion for summary judgment on claim it had violated
Section 1692e of the Fair Debt Collection Practices Act; a jury could find
that defendant's empty threat to sue violated Section 1692e(5) of the Act,
and the district court erred in granting defendant summary judgment on
this claim; defendant presented sufficient evidence that its violation of a
North Dakota statute prohibiting payment of interest on interest which is
overdue was a bona fide error made notwithstanding the maintenance of
procedures reasonably calculated to prevent such errors, and it was
entitled to summary judgment under Section 1692k(c) of the Act.