United States Ninth Circuit

In an action under the Fair Debt Collection Practices Act (FDCPA) involving an unpaid automobile loan, the District Court's grant of summary judgment to defendant is reversed where: 1) the FDCPA requires that within five days of 'the initial communication' with a consumer about the collection of a debt, a debt collector must send the consumer a notice containing specific disclosures; and 2) this requirement, set forth in 15 U.S.C. section 1692g(a), does not apply only to the initial debt collector that tries to collect, but also applies to subsequent collectors that communicate about the same debt.

Appellate Information

• Published 2016/07/20

Judges

• FRIEDLAND

Court

• United States Ninth Circuit

Counsel