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Bravo v. Midland Credit Mgmt., Inc.

United States Court of Appeals, Seventh Circuit

February 8, 2016

KATIUSKA BRAVO, Plaintiff-Appellant,
v.
MIDLAND CREDIT MANAGEMENT, INC. AND MIDLAND FUNDING, LLC, Defendants-Appellees

Argued December 2, 2015

Page 600

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 14 C 4510 -- Gary Feinerman, Judge.

For Katiuska Bravo, Plaintiff - Appellant: David J. Philipps, Attorney, Philipps & Philipps, Palos Hills, IL.

For MIDLAND CREDIT MANAGEMENT, INCORPORATED, a Kansas corporation, MIDLAND FUNDING, LLC, a Delaware limited liability company, Defendants - Appellees: David M. Schultz, Attorney, Joel D. Bertocchi, Attorney, Hinshaw & Culbertson LLP, Chicago, IL.

Before KANNE, SYKES, Circuit Judges, and GILBERT, District Judge[*].

OPINION

Page 601

Gilbert, District Judge.

Katiuska Bravo first sued Midland Credit Management, Inc. and Midland Funding, LLC (together, " Midland" ) in 2014 over its efforts to collect several debts from her. The case settled. After settlement, Midland sent Bravo's attorney two letters requesting payment of the debts that were resolved in the settlement. Bravo then filed this action alleging that the letters violate the Fair Debt Collection Practices Act (" FDCPA" ), 15 U.S.C. § 1692 et seq. The district court dismissed the complaint for failure to state a claim, and we affirm.

I. BACKGROUND.

Bravo sued Midland for violations of the FDCPA in January 2014 and that matter settled in March 2014. Midland agreed to forgive two of Bravo's debts (GE/Lowe's and Citibank/Sears) as part of the settlement agreement. David J. Philipps, an attorney who specializes in consumer litigation, represented Bravo in the initial suit and in the case at bar.

In May 2014, Midland sent two letters addressed as follows:

Kaliuska Bravo
C/O David J. ...

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