Justia Landlord - Tenant Opinion SummariesArticles Posted in U.S. 7th Circuit Court of Appeals
Carter v. AMC, LLC
The tenant appealed an eviction order. The appeals court reversed, finding that the management company had not given notice required by state law. One member of the state appellate panel opined that the company violated the Fair Debt Collections Practices Act, 15 U.S.C. 1692. The tenant sought damages in federal court. The district court dismissed. The Seventh Circuit affirmed, holding that the management company is not a debt collector under the Act. The company is an agent of the building owner and "obtained" an interest a debt when it was given the right to collect the tenant's rent, before she fell behind on payments.