United States Ninth Circuit

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Tourgeman v. Nelson and Kennard, 16-56190

Held that a consumer bringing a class action under the Fair Debt Collection Practices Act had the burden of establishing the debt collector's net worth, for purposes of a provision limiting class statutory damages to the lesser of $500,000 or 1 percent of the debt collector's net worth. The plaintiff argued that the debt collector should have the burden of proving its own net worth. Disagreeing, the Ninth Circuit held that the burden was on the plaintiff, and therefore the trial court properly dismissed the plaintiff's suit shortly before trial when it became clear that he lacked competent evidence on this issue.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/08/20

Judges

  • Tallman

Court

  • United States Ninth Circuit

Counsel


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