Pelfrey v. Educational Credit Mgmt. , 208 F.3d 945 ( 2000 )

[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
APR 06 2000
THOMAS K. KAHN
CLERK
No. 99-6189
D. C. Docket No. 98-02422-CV-PT-E
PATRICIA PELFREY, on behalf of herself and the class described herein,
Plaintiff-Appellant,
versus
EDUCATIONAL CREDIT MANAGEMENT CORPORATION,
Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of Alabama
(April 6, 2000)
Before TJOFLAT and MARCUS, Circuit Judges, and KRAVITCH, Senior Circuit
Judge.
PER CURIAM:
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.
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