IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Plaintiff – Appellant
CONVERGENT OUTSOURCING, INCORPORATED; LVNV FUNDING,
Defendants – Appellees
Appeal from the United States District Court
for the Southern District of Texas
Before DENNIS, ELROD, and GRAVES, Circuit Judges.
JAMES L. DENNIS, Circuit Judge:
The issue presented by this appeal is whether a collection letter for a
time-barred debt containing a discounted “settlement” offer—but silent as to
the time bar and without any mention of litigation—could mislead an
unsophisticated consumer to believe that the debt is enforceable in court, and
therefore violate the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C.
§§ 1692-1692p. After receiving such a letter, the plaintiff credit card debtor
sued the defendant debt collectors pursuant to the FDCPA. The district court
dismissed the complaint, holding that efforts to collect time-barred debts
without threatening or filing suit do not violate the FDCPA. We reverse.