Ryan Holz and Doug Sargent, both Partners in the Firm’s Chicago office, provided commentary on the Seventh Circuit’s recent decision for debtors in a dispute with a debt collector and the ongoing trend of favoring debtors over collectors in Chicago’s federal courts. Regarding the case, Evans v. Portfolio Recovery Associates LLC, Sargent noted, “The decision itself does not radically change the playing field for debt collectors or consumers. The playing field has been tilting away from debt collectors in the Northern District of Illinois and the Seventh Circuit for some time, and this decision is just a continuation of this trend.”
Holz noted that legal challenges such as this outcome, are part of the business of debt collection saying, “The issue is... predictability. Debt collectors are always going to be sued, but if the laws are clear and consistently applied, debt collectors can build the inherent litigation into their business model.”
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