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Otte v. Wiczer Jacobs / Mitchell v. Costello Sury & Rooney — 7th Cir. (Sep 25, 2026)

No. 25-3359 Argued September 25, 2026 Published September 29, 2026

Two Illinois homeowners challenge collection fees added to their community-association debts. Shane and Mandi Otte faced an eviction and collection suit whose demand included a one-hundred-dollar administrative charge. Terrence Mitchell faced a similar suit; his ledger included a one-hundred-twenty-five-dollar fee for the property manager's work turning his file over to a law firm. Both underlying suits were settled, but the homeowners sued the collectors and managers, arguing that the extra charges were unauthorized. Two federal district judges dismissed their claims. Illinois statutes permit management-company collection fees only if, among other requirements, the association's governing documents specifically authorize them. The Seventh Circuit hears the appeals together. The dispute is whether broad phrases like costs of collection and other fees and expenses meet that specific-authorization requirement, and what the answer means for the homeowners' federal debt-collection and state consumer-fraud claims.

Otte v. Wiczer Jacobs / Mitchell v. Costello Sury & Rooney (No. 25-3359) — U.S. Court of Appeals for the Seventh Circuit, argued September 25, 2026.

Sources
Argument audio — Seventh Circuit (public domain, 17 U.S.C. § 105):https://media.ca7.uscourts.gov/sound/external/dab.25-3359.25-3359_09_25_2026.mp3
Otte district-court opinion — Northern District of Illinois:https://law.justia.com/cases/federal/district-courts/illinois/ilndce/1:2025cv02797/474984/47/
Mitchell district-court opinion — Northern District of Illinois:https://law.justia.com/cases/federal/district-courts/illinois/ilndce/1:2025cv02801/474987/37/
Common Interest Community Association Act § 1-30(h) — Illinois General Assembly:https://www.ilga.gov/Documents/legislation/ilcs/documents/076501600K1-30.htm
Condominium Property Act § 9.2(c) — Illinois General Assembly:https://www.ilga.gov/documents/legislation/ilcs/documents/076506050K9.2.htm
Condominium Property Act § 18.7(g) — Illinois General Assembly:https://ilga.gov/Documents/legislation/ilcs/documents/076506050K18.7.htm
Fair Debt Collection Practices Act § 1692f — U.S. House of Representatives:https://uscode.house.gov/view.xhtml?edition=2023&num=0&req=granuleid%3AUSC-2023-title15-section1692f
Daniel Edelman — Edelman Combs Latturner & Goodwin:https://www.edcombs.com/attorneys/daniel-a-edelman/
Laura Cannon — Hinshaw & Culbertson:https://www.hinshawlaw.com/en/professionals/laura-cannon
Wendy Enerson — Cozen O'Connor:https://www.cozen.com/people/bios/enerson-wendy

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