No. 20-121

Marshall Spiegal v. Michael C. Kim

Lower Court: Seventh Circuit
Docketed: 2020-08-05
Status: Denied
Type: Paid
Response Waived
Tags: collateral-estoppel debt-collection debt-collector-allegations debtor-conduct direct-connection fair-debt-collection-practices-act fdcpa judicial-notice statutory-interpretation transaction-nexus
Key Terms:
Environmental SocialSecurity Securities Immigration Trademark
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Does 'arising out of' require a 'direct' connection to the transaction?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED The Fair Debt Collection Practices Act (““FDCPA”) covers debts “arising out of” certain transactions. Does “arising out of” require a “direct” connection to the transaction? Similarly, is the conduct of a debtor relevant to whether the FDCPA applies? If so, can a court take “judicial notice” of filings in other proceedings to establish facts relating to any alleged misconduct if the requirements of collateral estoppel are not met? Here, the debt collector relied on a contract to seek a debt. However, the Seventh Circuit held the debt collector’s allegations of debtor misconduct severed the “nexus” necessary for FDCPA coverage. Did the Seventh Circuit correctly interpret ‘debt,’ ‘arise out of and ‘transaction’ as written and intended by the FDCPA?

Docket Entries

2020-10-05
Petition DENIED.
2020-09-02
DISTRIBUTED for Conference of 9/29/2020.
2020-08-27
Waiver of right of respondent Michael C. Kim to respond filed.
2020-07-27
Petition for a writ of certiorari filed. (Response due September 4, 2020)

Attorneys

Marshall Spiegal
Marina Tramontozzi — Petitioner
Michael C. Kim
Stephen R. SwoffordHinshaw & Culbertson LLP, Respondent