Law Library Last Updated on Wednesday February 14, 2007

Our firm is often asked to provide copies of relevant cases related to our practice.  Below is a limited selection of the most requested areas of published and unpublished cases, orders, and rulings by topical heading.  The focus is on Minnesota State and Federal decisions.  We think that these cases may be of assistance to both other consumer law attorneys and as well as defense practitioners.  If there is something you think ought to be ought here, let us know by clicking here.  The files here are all in Adobe Acrobat format and contain all known cites for your convenience in researching. 

FDCPA: Contacting Represented Consumers

• Schmitt v. FMA Alliance, Inc.  Report and Recommendation on Summary Judgment Civ. File No. 03-3483 (JNE/JGL) (D. Minn. 10/3/2003) Hon. Magistrate Judge Jonathan G. Lebedoff.  No imputation of knowledge of attorney representation from creditor to debt collector.  1692c(a)(2) claims must be plead with specificity.  “While this Court agrees that [creditor] First Bank USA was remiss in failing to inform [its debt collector] FMA of Schmitt’s representation [by an attorney], one would be hard pressed to find impropriety on the part of Defendant FMA.  Schmitt has not provided any facts that suggest FMA was ever informed by First Bank USA that Schmitt was represented.  As the principles of agency law are against imputing knowledge from a principal to an agent, this Court cannot find an agent without actual knowledge to have violated the FDCPA. [Cite omitted.]  Further, this Court is hesitant to encroach upon the providence of the legislature by altering the plain meaning of a statute.  Thus, as only actual knowledge will suffice, actual knowledge must be plead in the complaint to allege a prima facie claim under  15 U.S.C. § 1692c(a)(2).”