Davis v. Hollins Law, No. 14-16437 (9th Cir. 2016)Annotate this Case
Plaintiff filed suit against defendant, a law firm and debt collection agency, alleging claims under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692(e)(11). Plaintiff alleged that defendant was attempting to collect a debt on behalf of American Express and that by leaving the September 25th voicemail message, defendant violated the FDCPA by failing to disclose in subsequent communications that the communication was from a debt collector in violation of section 1692e(11). The court held that if a subsequent communication is sufficient to disclose to the least sophisticated debtor that the communication was from a debt collector, there is no violation of section 1692e(11) even if the debt collector did not expressly state, “this communication is from a debt collector.” Accordingly, defendant did not violate the FDCPA and the court reversed the district court's judgment in favor of plaintiff.