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O'Connor v. Credit Protection Association, L.P.

MEMORANDUM...Accordingly, there are no existing material issues of fact and defendant is entitled to judgment as a matter of law on all FDCPA claims as contained in plaintiff's complaint. Signed

19 Cited authorities

  1. Torgerson v. City of Rochester

    643 F.3d 1031 (8th Cir. 2011)   Cited 2,676 times
    Holding two-week gap between leave and termination was "sufficient, but barely so, to establish causation"

  2. Clark v. Capital Credit Collection Serv

    460 F.3d 1162 (9th Cir. 2006)   Cited 575 times   3 Legal Analyses
    Holding that "general principles of agency ... form the basis of vicarious liability under the FDCPA"

  3. Durkin v. Equifax Check Services, Inc.

    406 F.3d 410 (7th Cir. 2005)   Cited 356 times
    Affirming summary judgment for defense after finding that district court properly rejected survey evidence as irrelevant and unreliable

  4. Strand v. Diversified Collection Service

    380 F.3d 316 (8th Cir. 2004)   Cited 277 times   2 Legal Analyses
    Finding as matter of law that printing on envelope used by collection service did not violate 15 U.S.C. § 1692f

  5. Quinn v. Ocwen Federal Bank FSB

    470 F.3d 1240 (8th Cir. 2006)   Cited 214 times
    Finding that the court may use exhibits attached to the complaint for "all purposes"

  6. Freyermuth v. Credit Bureau Services, Inc.

    248 F.3d 767 (8th Cir. 2001)   Cited 180 times   3 Legal Analyses
    Holding "in the absence of a threat of litigation or actual litigation, no violation of the FDCPA has occurred when a debt collector attempts to collect on a potentially time-barred debt that is otherwise valid"

  7. Jackson v. United Parcel Serv., Inc.

    643 F.3d 1081 (8th Cir. 2011)   Cited 134 times
    Holding district court properly granted summary judgment on claims not raised in complaint

  8. Peters v. General Service Bureau, Inc.

    277 F.3d 1051 (8th Cir. 2002)   Cited 173 times
    Holding that a letter that "convey[ed] the consequences" of inaction was not misleading

  9. Duffy v. Landberg

    215 F.3d 871 (8th Cir. 2000)   Cited 143 times
    Holding representations about the availability of remedies under state law can be actionable pursuant to the FDCPA

  10. Dunlap v. Credit Protection Ass'n., L.P.

    419 F.3d 1011 (9th Cir. 2005)   Cited 51 times
    Holding that the name Credit Protection Association was not misleading or deceptive under the FDCPA

  11. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,917 times   107 Legal Analyses
    Prohibiting false representation of the "character, amount, or legal status of a debt"

  12. Section 1692g - Validation of debts

    15 U.S.C. § 1692g   Cited 3,433 times   67 Legal Analyses
    Setting forth requirements for disputing a debt

  13. Section 1692f - Unfair practices

    15 U.S.C. § 1692f   Cited 3,394 times   35 Legal Analyses
    Providing a non-exhaustive list of conduct that is unfair or unconscionable

  14. Section 1692d - Harassment or abuse

    15 U.S.C. § 1692d   Cited 1,895 times   22 Legal Analyses
    Limiting debt collectors’ ability to use threats of violence, publicize lists of consumers allegedly refusing to pay debts, cause a telephone to ring repeatedly or continuously, or engage someone in telephone conversation repeatedly or continuously