Rowe v. Educ. Credit Mgmt. Corp., 07-35046
In an action for violation of the Federal Debt Collection Practices Act, dismissal of the complaint is reversed, where Defendant debt collector was not acting "pursuant to a bona fide fiduciary obligation" under 15 U.S.C. section 1692a(6)(F)(i) in pursuing collection activities against Plaintiff.
- Argued 11/20/2008
- Submitted 11/20/2008
- Decided 03/18/2009
- Published 03/18/2009
WILLIAM A. FLETCHER, Circuit Judge:, Before: W. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and CHARLES R. BREYER, District Judge.
United States Ninth Circuit
Terrance J. Slominski, Slominski & Associates, Tigard, OR, for the appellant., Teal Luthy Miller, U.S. Department of Justice, Washington, D.C., for the amicus curiae.
Stephen T. Tweet, Albert & Twett LLP, Salem, OR, Curtis P. Zaun, Education Credit Management, St. Paul, MN, for the appellee.