The Seventh Circuit upheld summary judgment for a class of Cingular wireless customers against a debt-collecting firm, AFNI, Inc. The customers' contracts with Cingular permitted recovery of "collection agency" fees "incurred by CINGULAR" or that "we incur". But AFNI didn't act as a collection agency; it instead bought the customers' debts from Cingular outright. Neither the contracts nor Wisconsin law therefore authorized AFNI to charge a collection fee. By charging a fee it had no legal right to collect, the court held, AFNI violated the Fair Debt Collection Practices Act as a matter of law. Seeger v. AFNI, Inc., No. 07-4083 (7th Cir. Dec. 8, 2008).
The court also concluded that AFNI's ignorance of the law didn't count as a "bona fide error" that might've absolved it from liability.
"The time has come for someone to put his foot down. And that foot is me."