United States Ninth Circuit

Summary judgment in favor of the defendants in a class action under the Fair Debt Collection Practices Act (FDCPA) is reversed and remanded, where: 1) plaintiff had Article III standing to assert claims based on collection letters that he did not receive because the alleged violation of his statutory right not to be the target of misleading debt collection communications constituted a cognizable injury; 2) plaintiff had a statutory cause of action under the FDCPA; and 3) letters sent by defendants and a complaint filed in state court that misidentified plaintiff's original creditor were materially misleading, and thus, plaintiff was entitled to judgment under section 1692(e) of the FDCPA.

Appellate Information

• Decided 06/25/2014
• Published 06/25/2014

Judges

• FRIEDMAN

Court

• United States Ninth Circuit

Counsel