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PATRICIA PELFREY, on behalf of herself and the class described herein, Plaintiff-Appellant, v. EDUCATIONAL CREDIT MANAGEMENT CORPORATION, Defendant-Appellee

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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PELFREY v. EDUCATIONAL CREDIT MGMT. CORP
(Apr 6, 2000)