Gonzales v. Arrow Financial Servs, LLC, No. 10-55379 (9th Cir. 2011)
Annotate this CaseAppellant appealed the district court's decision, on summary judgment, that letters sent by appellant to nearly 40,000 California residents constituted "false, deceptive, or misleading representation[s]... in connection with the collection of any debt" in violation of the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692e. Appellant also appealed the jury's award of statutory damages under both the FDCPA and California's Rosenthal Fair Debt Collection Practices Act (Rosenthal Act), California Civil Code 1788, et seq. The court held that the letters, which misleadingly implied that appellant had the ability to report obsolete debts to credit bureaus, and impliedly threatened to make such reports, violated section 1692e(5) and e(10) of the FDCPA. The court recognized that the FDCPA did not pre-empt consistent state action, including cumulative recovery of statutory damages under state law. The court also held that the Rosenthal Act's remedies were cumulative, and available even when the FDCPA afforded relief. Accordingly, the court affirmed the district court.
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