Articles Posted in US Court of Appeals for the Ninth Circuit

by
Anaya Law Group, a debt collector, filed suit in state court to collect an unpaid credit card debt, but the complaint overstated both debtor's principal due and the applicable interest rate. Debtor then filed suit against Anaya in federal court for violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq., and of California's Rosenthal Fair Debt Collection Practices Act. The district court granted summary judgment to Anaya. The Ninth Circuit held, however, that the false statements made by Anaya were material because they could have disadvantaged a hypothetical debtor in deciding how to respond to the complaint. Accordingly, the panel vacated summary judgment as to the FDCPA claim and remanded. In regard to the Rosenthal Act claim, the panel affirmed summary judgment on an alternative ground. The panel held that Anaya corrected the misstatements within fifteen days of discovering the violation and thus satisfied the requirements necessary to avail itself of a defense under the Rosenthal Act. View "Afewerki v. Anaya Law Group" on Justia Law

by
To establish a concrete injury for purposes of Article III standing, the plaintiff must allege a statutory violation that caused him to suffer some harm that actually exists in the world. There must be an injury that is "real" and not "abstract" or merely "procedural." On remand from the Supreme Court, the Ninth Circuit reversed the district court's dismissal of an action alleging willful violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681 et seq. In this case, plaintiff alleged that Spokeo failed to follow reasonable procedures to assure maximum possible accuracy of the information in his consumer report. The panel was satisfied that plaintiff had alleged injuries that were sufficiently concrete for the purposes of Article III; the alleged injuries were also sufficiently particularized to plaintiff and they were caused by Spokeo's alleged FCRA violations and were redressable in court; and therefore plaintiff had adequately alleged the elements necessary for standing. Accordingly, the court remanded. View "Robins v. Spokeo, Inc." on Justia Law

by
Plaintiffs filed suit against Royal under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, seeking to hold Royal vicariously liable for several telephone calls made by telemarketers employed by AAAP. The Ninth Circuit applied the ten non-exhaustive factors set forth in the Restatement (Second) of Agency 220(2) (1958), and found that AAAP's telemarketers were acting as independent contractors rather than as Royal's agents. Therefore, the court held that Royal was not vicariously liable for the telephone calls and the district court properly granted summary judgment in favor of Royal. View "Jones v. Royal Administration Services" on Justia Law