United States Ninth Circuit

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McNair v. Maxwell Morgan PC, 15-17383

Affirming in part and reversing in part in a case where the plaintiffs alleged violations of the Fair Debt Collection Practices Act (FDCPA) in defendants' efforts to collect unpaid homeowners association assessments. The district court granted plaintiffs' summary judgment and the 9th Circuit held that defendants' collection efforts through judicial foreclosure constituted debt collection under the FDCPA and that defendants violated 15 USC section 1692e because they falsely represented the legal status of their request for attorney fees. The case was remanded for a determination of damages.

Appellate Information

  • Decided
  • Published 2018/06/25


  • Arterton


  • United States Ninth Circuit