208 F. 3d 945 - Pelfrey v. Educational Credit Management Corporation
208 F3d 945 Pelfrey v. Educational Credit Management Corporation
208 F.3d 945 (11th Cir. 2000)
Patricia PELFREY, on behalf of herself and the class described herein, Plaintiff-Appellant,
v.
EDUCATIONAL CREDIT MANAGEMENT CORPORATION, Defendant-Appellee.
No. 99-6189.
United States Court of Appeals,
Eleventh Circuit.
April 6, 2000.
Appeal from the United States District Court for the Northern District of Alabama (No. 98-02422-CV-PT-E); Robert B. Propst, Judge.
Before TJOFLAT and MARCUS, Circuit Judges, and KRAVITCH, Senior Circuit Judge.
PER CURIAM:
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We affirm the judgment of the district court granting the defendant's motion for judgment as a matter of law on the ground that the Fair Debt Collection Practices Act, 15 U.S.C. 1692, et seq. (1994), does not apply to the defendant, because the defendant is a "person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity ... is incidental to a bona fide fiduciary obligation...." 15 U.S.C. 1692a(6)(F)(i). See Pelfrey v. Educational Credit Management Corp., 71 F.Supp.2d 1161, 1172-74, 1179-80 (N.D.Ala.1999).
AFFIRMED.