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Danow v. Borack

Topic(s): Scope of Statutory Rights and Remedies
Date Of Involvement: 05/17/2006

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Description:

In this Fair Debt Collection Practices Act (FDCPA) case, a consumer had written a letter to a debt collector, asking the debt collector to stop telephoning him because the phone calls made him a "nervous wreck." Despite the letter, the debt collector continued to call the consumer. The district court, without explanation and without being asked to do so, dismissed the consumer's lawsuit — even though the debt collector's conduct was precisely the kind of behavior the FDCPA was designed to prevent. Assisting Florida consumer lawyer Don Yarbrough, we successfully obtained a decision from the Eleventh Circuit reversing the district court.