Kuntz v. Rodenburg LLP, No. 15-2777 (8th Cir. 2016)
Annotate this CasePlaintiff filed suit against Rodenburg, a debt collection law firm, alleging violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692d-f. The court concluded that Rodenburg reasonably believed that plaintiff had not provided a complete response to his prior communication with defendant and thus section 1692(b)(3) permitted a call back. The court agreed with the district court that it was objectively reasonable for Rodenburg to believe that plaintiff, as the parent, had or could obtain location information about his daughter, Alexis, permitting a follow-up call to learn if he had acquired or was now willing to provide “correct or complete location information.” The court also agreed with the district court that there is no material factual dispute as to the section 1692d(5) claim because Rodenburg’s conduct did not rise to the level of harassment as a matter of law. Accordingly, the court affirmed the judgment.
Court Description: Loken, Author, with Wollman and Benton, Circuit Judges] Civil case - Fair Debt Collections Practices Act. The district court did not err in dismissing this action based on the defendant's actions in attempting to contact a debtor, plaintiff's daughter, by calling his residence; defendant reasonably believed that plaintiff had not provided a complete response in his communication back to defendant, and it was reasonable for defendant to believe plaintiff had or could obtain location information about his daughter, thereby permitting a follow-up call to learn if plaintiff had obtained or was willing to provide the information; defendant's conduct did not rise to the level of harassment as a matter of law, and the court did not err in granting defendant summary judgment on plaintiff's Section 1692d(5) claim.
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