United States Ninth Circuit

In an action against a debt-collection law firm, alleging defendant's debt collection letter did not comply with the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. section 1692 et seq., or its state equivalent, the Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code section 1788 et seq., namely by impermissibly requiring her to dispute her debt in writing and, as a result, misrepresenting her rights to dispute her debt, the District Court's grant of summary judgment to defendant is affirmed where a validation notice violates section1692g(a)(3) of the FDCPA only where it expressly requires a consumer to dispute her debt in writing, as opposed to implicitly requiring written disputes.

Appellate Information

• Decided 06/08/2012
• Published 06/08/2012

Judges

• Callahan

Court

• United States Ninth Circuit

Counsel