Only one court has found a violation of the Act in the absence of an express threat of litigation when a creditor attempts to collect on a time-barred debt. See Stepney v. Outsourcing Solutions, Inc., 1997 WL 722972, *4 (N.D.Ill.)(FDCPA claim stated where collection notice promised "no further collection action" if the time-barred debt was paid).
Some decisions have even gone further than Kimber and held that merely attempting to collect on time-barred accounts, even without litigation, or the threat of litigation, may violate the FDCPA's prohibitions against false or misleading communications. Taylor v. Unifund, 1999 U.S. Dist. LEXIS 13651 (N.D. Ill. 1999).