Civil Practice : Fair Debt Collection Practices Act – Failure To State Claim – Misrepresentation

(1)Where a consumer brought an action under the Fair Debt Collection Practices Act against a debt collector who allegedly sought to collect costs above what was authorized and who misrepresented himself as the attorney for a health care provider, equitable tolling did not apply, so FDCPA claims directed towards conduct that preceded the relevant Illinois proceedings were time barred, and the defendant’s use of the Illinois courts did not amount to an action against the consumer, so those actions were not subject to the act’s venue restrictions.

(2)Where a consumer brought an FDCPA claim against a debt collector who allegedly misrepresented himself, the consumer demonstrated an interest amount that substantially exceeded the rate of interest authorized by a Missouri judgment, and he also alleged sufficient facts to support the misrepresentation claim.

Judgment is affirmed in part; reversed in part; remanded.

Hageman v. Barton (MLW No. 68980/Case No. 14-3665 – 16 pages) (U.S. Court of Appeals, 8^th Circuit, Melloy, J.) Appealed from U.S. District Court, Eastern District of Missouri, Jackson, J. (Richard A. Voytas Jr., St Louis, argued for appellant) (Terrance J. Good, St Louis, argued for appellee).

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