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CEB Prac. Guide § 2A.34D — False or Misleading Representations (Possibility of Criminal Action)

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District Court (Ill.) Finds Plaintiff Creates Triable Issue of Fact on Recoverable Emotional Distress Damages under the FDCPA When the Conduct Alleged Was So Inherently Degrading That It Would Be Reasonable to Infer that a Person Would Suffer Emotional Distress from the Defendant’s Actions

by Scott J. Hyman |

In Aitken v. Debt Management Partners, LLC, 2014 WL 5469876 (C.D.Ill. 2014), Magistrate Judge Hawley discussed the ‘sliding-scale’ applicable to determining recovery of emotional distress, and found that Plaintiff had created a triable issue of fact to defeat summary judgment. There was much else to this opinion on the parties’ motions and positions about various purported violations of the FDCPA, but… Read More