8th Circuit: Notice of Garnishment, Consumer-Initiated Inquiry After Cease Communication Request Not FDCPA Violation

In Scheffler v. Gurstel Chargo, P.A., No. 17-2141 (8th Cir. Aug. 27, 2018), the Eighth Circuit Court of Appeals reviewed what communications the Fair Debt Collection Practices Act (FDCPA) permits after the consumer submits a cease communication request to the debt collector. Ultimately, the Eighth Circuit decided that neither a notice of garnishment with a cover letter nor a response to a consumer-initiated inquiry violate the FDCPA even if they occured after the cease communication request.

Factual and Procedural Background

Troy Scheffler (plaintiff-appellant), the plaintiff in the district court case and appellant before the Eight Circuit, was at one point a debt collector himself.

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