Expert Testimony Regarding Misleading Letter

[David A. Szwak]

Durkin v. Equifax Check Servs., Inc., 406 F.3d 410 (7th Cir. 2005)

Was defendant's debt collection letter unacceptably confusing under Fair Debt Collection Practices Act? To show it was, plaintiffs offer testimony from English professor and linguist Allan Metcalf. District court excludes testimony and awards summary judgment to defendants. Exclusion affirmed. Expert's readability analysis worked from text of entire letter, rather than allegedly misleading portion singled out by plaintiffs as forming basis for their claim. Expert offered no methodological basis for his other conclusions. No abuse of discretion.