Read 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.

Appellate Information

• Argued 11/20/2008
• Submitted 11/20/2008
• Decided 03/18/2009
• Published 03/18/2009

Judges

• WILLIAM A. FLETCHER, Circuit Judge:, Before:  W. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and CHARLES R. BREYER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• 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.


• For Appellees:
  
• Stephen T. Tweet, Albert & Twett LLP, Salem, OR, Curtis P. Zaun, Education Credit Management, St. Paul, MN, for the appellee.