United States Eleventh Circuit
Oppenheim v. I.C. Sys., Inc., 10-12461
In a Federal Debt Collection Practices Act (FDCPA) action concerning a series of telephone calls defendant made to plaintiff in an attempt to collect funds, the denial of summary judgment to defendant is affirmed where: 1) the mere fact that plaintiff consumed PayPal's services in order to facilitate a separate sale did not thereby negate his consumer status with respect to PayPal; 2) the district court correctly distinguished Arnold because plaintiff's payment obligation did arise from a transaction; and 3) since the district court did not err in denying defendant summary judgment on plaintiff's FDCPA claim, the court also correctly denied defendant summary judgment on plaintiff's Florida Consumer Collection Practices Act claim.
Appellate Information
- Decided 11/07/2010
- Published 12/07/2010
Judges
- Array
Court
- United States Eleventh Circuit